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,  Colonial  Government  ♦ 

AN    INTRODUCTION    TO     THE    STUDY 
OF   COLONIAL   INSTITUTIONS 


BY 

PAUL   S.    REINSCH 

PROFESSOR    OF   POLITICAL    SCIENCE   IN   THE 
UNIVERSITY  OF  WISCONSIN 


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J.  S.  Cushlng  &  Co.  —  Herwick  &  .Smith  Co. 
Norwood,  Mass.,  U.S.A. 


PREFACE 

In  these  days  we  often  encounter  the  statement 
that  as  the  United  States  in  its  national  develop- 
ment did  not  build  on  precedent,  but  struck  out 
boldly  along  new  lines,  so  also  in  respect  to  the 
government  of  dependencies  we  may  safely  rely 
upon  the  genius  of  the  American  people  to  find 
the  proper  solution  for  all  vexing  problems,  with- 
out recurrence  to  the  experience  of  other  nations. 
But,  as  a  matter  of  fact,  the  two  situations  are  not 
parallel.  The  growth  of  the  American  nation  on  a 
virgin  continent,  which  stimulated  energetic  action 
by  its  boundless  resources,  has  been  unique  both 
in  the  conditions  of  its  environment,  in  the  amal- 
gamation of  many  distinct  ingredients,  and  in  the 
flexibility  of  social  arid  political  structure.  In  the 
question  of  colonial  government,  however,  we  have 
to  deal  with  a  fixed  element,  the  native  popula- 
tion, long  settled  in  certain  locaHties  and  exhibit- 
ing deeply  ingrained  characteristics;  a  population, 
too,  that  cannot  be  swept  away  before  the  advanc- 
ing tide  of   Caucasian   immigration  as  were  the 

v 

247548 


PREFACE 

^l^lorth  American  Indians.  In  dealing  with  this 
situation,  it  is,  therefore,  not  safe  to  apply  the 
precedents  of  American  national  development  with- 
out careful  selection,  and  while  no  one  would  ad- 
vocate the  servile  imitation  of  the  methods  of  other 
colonial  powers,  still  it  is  the  part  of  wisdom  at 
this  juncture  to  review  the  modes  of  action  and 
the  institutions  by  which  other  nations  have  been 
for  a  long  time  attempting,  with  varying  results, 
to  solve  similar  problems. 

The  present  study  deals  primarily  with  the  insti- 
tutional framework  of  colonial  government.  The 
first  part  of  the  book  is  devoted  to  a  brief  survey 
of  the  motives  and  methods  of  colonial  expansion, 
and  is  intended  to  furnish  the  historical  point  of 
view.  The  second  part  deals  with  the  general 
forms  of  colonial  government,  while  the  third 
presents  an  outline  of  administrative  organization 
and  legislative  methods.  No  attempt  is  made 
directly  to  apply  the  information  to  American 
problems,  as  the  purpose  of  the  book  is  merely 
to  set  forth  in  brief  and  simple  form  the  main 
outline  of  the  colonial  policy  of  European  powers. 
The  interesting  problems  of  colonial  administra- 
tion, as  distinguished  from  institutional  forms, — 
finance,  taxation,  defence,  education,  protection  of 
the  natives,  labor,  immigration,  health  service,  land 

vi 


PREFACE 

policy,  internal  improvements,  and  development  of 
industry,  —  are  to  be  dealt  with  in  a  subsequent 
volume. 

The  writer  wishes  to  express  his  acknowledg- 
ment and  appreciation  of  the  faithful  assistance 
offered  by  Mr.  J.  D.  Barnett,  a  Fellow  in  Political 
Science  at  the  University  of  Wisconsin,  in  the 
work  of  verification  and  proof-reading. 


PAUL  S.  REINSCH. 


Madison,  Wisconsin, 
May  I,  1902. 


/ 


Vll 


N 


CONTENTS 

PART   I 

MOTIVES  AND  METHODS  OF   COLONIZATION 

CHAPTER  PAGE 

}.  Introduction 3. 

II.  Movements  of  Population         ...  30 

III.  mssiONARY  Work 38 

IV.  Individual  Enterprise,  Exploration,  and 

Adventure 49 

V.    Commerce  and  Communication         .        .      57 
VI.    Capitalistic  Expansion      .        .        .        .81 

PART   II 
FORMS   OF  COLONIAL   GOVERNMENT 

VII.    Spheres  of  Influence        .        .        .        -95 
VIII.    Colonial  Protectorates    .        .        .        .109 
IX.    Chartered  Companies         ....     145 
^  X.     Direct  Administration       .        .        .        .167 
XI.     Experience  with  Representative   Insti- 
tutions IN  Colonies  of  Direct  Admin- 
istration    197 

XII.    Self-governing  Colonies  ....    238 
XIII.    Colonial  Federation         .        ,        .        .251 
ix 


CONTENTS 

PART    III 
INSTITUTIONS  OF  COLONIAL  GOVERNMENT 

CHAPTER  PAGE 

XIV.    Organs  of  Colonial  Government  in  the 

Mother  Country      "279 

XV.    Legislation  for  the  Colonies  .        .        .  296 
XVI.     Institutions  of  Government  in  the  Col- 
onies    311 

XVII.    Municipal  and  Local  Government  in  the 

Colonies 330 

XVIII.    Colonial  Law      , 346 

XIX.    The  Organization  of  Colonial  Courts  .  363 


PART    I 

MOTIVES    AND    METHODS    OF 
COLONIZATION 


CHAPTER   I 
Introduction 


The  end„.of  the.  :nineteenth_C£iltllQL.  and  the 
opening  of  the  twentieth  have  seen  a  remarkable 
revival  of  interest  in  colonial  enterprise.  Similar 
to  that  great  period,  four  hundred  years  ago,  when 
the  whole  extent  of  the  habitable  globe  first 
became  known  to  an  astonished  Europe  and  when 
the  spirit  of  adventure  and  exploration  reigned 
supreme,  our  age  has  again  called  forth  a  deep  in- 
terest in  things  far  away,  and  men  are  now  enlisting 
their  enthusiasm  and  energies  in  the  work  of  ren- 
dering accessible  and  useful  the  great  discoveries 
of  the  earlier  era.  The  attitude  of  European 
publicists  and  statesmen  toward  the  question  of 
colonial  dominion  has  in  the  last  two  decades 
changed  to  such  an  extent  that  we  could  almost 
say,  "  The  stone  rejected  of  the  builders  has  become 
the  head  of  the  corner."  Fifty,  and  even  twenty- 
five,  years  ago  the  political  energies  of  Europe  were 
taken  up  with  internal  struggles  and  developments  ; 
few  men  looked  beyond  the  boundaries  of  the  old 
continent.     Even  those  states  which   had   exten- 


COLONIAL   GOVERNMENT 

sive  transoceanic  possessions  manifested  but  little 
interest  in  them,  and  were  inclined  to  regard  them 
as  an  irksome  burden,  and  by  no  means  as  a  source 
of  strength  to  national  life.  Lord  John  Russell,  in 
his  masterly  and  statesmanlike  speech  on  the  colo- 
nies, delivered  in  the  House  of  Commons  on  Feb- 
ruary 8,  1850,  looked  forward  to  the  independence 
of  the  larger  colonies;  while  Lord  Stanley,  who 
later,  as  Earl  of  Derby,  held  the  office  of  colonial 
minister  under  Mr.  Gladstone,  spok^  in  even  more 
definite  terms  when  he  said :  *'  We  know  that 
British  North  America  and  Australia  must  before 
long  be  independent  states.  We  have  no  interest 
except  in  their  strength  and  well-being."  ^  In  the 
year  1865  a  ParUamentary  committee  on  West 
African  affairs  passed  a  resolution  to  the  effect 
that  it  was  not  advisable  further  to  extend  British 
control  in  West  Africa,  nor  even  to  continue  to 
exercise  direct  or  protecting  sovereignty  in  that 
region. 

An  entirely  different  spirit  breathes  from  the 
utterances  of  representative  men  in  Europe  at  the 
present  time.  They  often  go  to  the  opposite 
extreme,  giving  to  colonial  power,  and  to  empire 
beyond  the  sea  the  chief  place  among  their  political 
ideas.  The  belief  that  the  eventual  independence 
of  the  colonies  is  to  be  expected  as  a  natural  and 
necessary  outcome  now  finds  but  few  sponsors. 
Mr.  Chamberlain,  in  his  well-known  speech  before 
the   Chambers   of   Commerce  of   the   Empire,  in 

1  Speech  of  October  19,  1864. 
4 


INTRODUCTION 

1896,  has  given  eloquent  expression  to  the  manner 
in  which  the  relation  between  colonies  and  mother 
country  is  now  generally  conceived.  "  Am  I  wrong," 
he  asks,  "in  thinking  that  the  colonies  share  our 
feelings  and  share  them  to  the  full,  —  that  they  have 
no  idea  of  cutting  themselves  adrift  from  the  great 
history  of  the  motherland,  from  the  glorious  tradi- 
tions in  which  we  find  the  germs  and  origins  of  the 
ordered  liberty  which  they  enjoy,  from  the  history 
of  the  struggles  in  which  their  ancestors  took  no 
mean  part,  and  from  all  the  common  pride  in  the 
glories  of  art  and  literature,  which,  perhaps  even 
more  than  our  victories  in  arms,  have  made  the 
name  of  Britain  illustrious  ?  I  am  convinced  that 
none  of  our  colonies  will  be  backward  in  the  effort 
to  secure  and  maintain  this  connection,  nor  ready 
to  abandon  its  part  in  the  noble  heritage  which 
belongs  to  all  of  them  !  " 

Lord  John  Russell  and  Lord  Stanley  were  not 
distinctively  opponents  of  colonial  empire  as  were 
many  other  representative  statesmen  of  the  period, 
but  they  merely  reflected  the  common  attitude  of 
the  public  mind  toward  the  colonial  question.  Eng- 
land was  at  that  time  the  land  of  Liberalism  par 
excellefice.  The  attention  of  its  public  men  was 
concentrated  on  matters  of  home  government,  on 
the  development  of  trade  and  industry,  on  peace- 
ful progress,  and  on  constitutional  reform.  The 
corner-stone  of  the  policy  of  that  era  was  freedom 
from  governmental  interference.  From  this  prin- 
ciple there  followed  the  doctrine  of  free  trade,  the 

5 


COLONIAL   GOVERNMENT 

demand  for  retrenchment  in  public  expenditure, 
the  desire  for  peace  with  all  nations  and  for  the 
settlement  of  disputes  among  them  by  accord,  the 
advocacy  of  manhood  suffrage  both  as  a  postulate 
and  as  a  guarantee  of  justice,  the  curtailment  of 
ancient  privileges  in  Church  and  State,  —  in  gen- 
eral, the  view  that  humanity  is  above  the  State, 
and  that  government  is  a  mere  mechanism  which 
ought  to  be  confined  to  the  limited  function  of 
protecting  the  individual  and  maintaining  law  and 
order. 

From  this  political  philosophy  there  followed,  as 
a  most  important  result,  the  attitude  toward  colo- 
nial dependencies  which  we  have  just  noted  and 
which  remained  quite  common  for  several  decades. 
The  example  of  the  United  States  seemed  to  for- 
bode  the  ultimate  independence  of  the  colonies, 
and  the  political  theory  of  the  time  favored  local 
autonomy.  The  Liberal  publicists  argued  that  the 
only  rational  policy  for  the  mother  country  was, 
to  assist  its  dependencies  in  this  process  of  build- 
ing up  their  own  national  life,  by  relaxing  its  con- 
trol and  gradually  giving  them  self-government, 
and  through  such  helpfulness  to  cultivate  their 
lasting  friendship  and  good  graces.  Throughout 
the  discussions  of  the  period  there  runs  the  expres- 
sion of  apathy  toward  wide  territorial  empire  and 
of  a  desire  to  accelerate  the  process  of  separation. 
Richard  Cobden  has  set  forth  this  feeling,  as  well 
as  the  causes  which  prompted  it,  in  the  clearest 
language,  in  a  letter  on  the   Indian  Mutiny :    "  I 

6 


INTRODUCTION 

am,  and  always  have  been,  of  the  opinion  that  we 
have  attempted  an  impossibiHty  in  giving  ourselves 
to  the  task  of  governing  one  hundred  millions  of 
Asiatics.  God  and  His  visible  natural  laws  have 
opposed  insuperable  obstacles  to  the  success  of 
such  a  scheme ;  but  if  the  plan  were  practicable  at 
the  great  cost  and  risk  which  we  now  see  to  be 
inseparable  from  it,  what  advantage  can  it  confer 
on  ourselves  ?  We  all  know  the  motive  which  took 
the  East  India  Company  to  Asia  —  monopoly,  not 
merely  as  toward  foreigners,  but  against  the  rest 
of  their  own  countrymen.  But  now  that  the  trade 
of  Hindustan  is  thrown  open  to  all  the  world  on 
equal  terms,  what  exclusive  advantage  can  we  de- 
rive to  compensate  for  all  the  trouble,  cost,  and 
risk  of  ruling  over  such  a  people  ^ "  ^ 

The  chief  practical  objection  of  the  Liberals  to 
colonial  dominion  is  here  expressed ;  namely,  that 
since  exclusive  commercial  privileges  could  be 
no  further  maintained,  the  expenditure  of  money 
upon  the  colonies  would  be  poor  economy.  The 
mere  glory  of  possessing  colonies  had  little  attrac- 
tiveness for  the  Liberals ;  they  had  no  desire  "  to 
tax  themselves  for  the  pleasure  of  governing 
others."  John  Bright,  in  his  speech  on  Canadian 
Federation,  contemplates  the  separation  of  Canada 
from  Great  Britain  with  great  equanimity,  as  an 
event  sooner  or  later  to  be  expected.  "  I  want  the 
population  of  the  province,"  he  says,  "  to  do  that 
which  they  believe  to  be  best  for  their  own  inter- 

1  Cited  in  John  Morley,  Richard  Cobdeit's  LifCy  p.  448. 

7 


V 


COLONIAL   GOVERNMENT 

ests  —  to  remain  with  this  country  if  they  like  it, 
or  to  become  independent  if  they  so  wish."  He 
also  lays  special  stress  on  the  financial  side  of  the 
matter.  Speaking  of  the  North  American  Prov- 
inces, he  says,  "  If  they  are  to  be  constantly  apply- 
ing to  us  for  guarantees  for  railways  and  for  grants 
for  defence,  then  I  think  it  would  be  far  better  for 
them  and  for  us  —  cheaper  for  us  and  less  demor- 
alizing for  them  —  that  they  should  become  an 
independent  state  and  build  their  own  future  with- 
out relying  upon  us."  ^  This  attitude  was  common 
to  the  most  prominent  Liberal  statesmen  and 
thinkers.  The  foreign  and  colonial  policy  of  Mr. 
Gladstone  was  conceived  entirely  in  this  spirit,  as  is 
apparent  from  his  action  in  the  matter  of  the  Ionian 
Islands,  his  abandonment  of  the  Sudan,  and  his 
withdrawal  from  the  Transvaal.  Nor  were  there 
many  among  the  ranks  of  the  Conservative  party 
who  took  a  more  favorable  view  of  the  advantages 
of  colonial  dominion.  Even  Disraeli,  destined  to  be 
the  protagonist  in  the  movement  of  imperialism, 
was  so  much  influenced  by  the  spirit  of  the  times 
as  to  declare,  "  These  wretched  colonies  will  all  be 
independent  too,  in  a  few  years,  and  are  a  millstone 
around  our  necks." 

The  French  Liberals  and  classical  economists, 
from  J.  B.  Say  down  to  Frederic  Passy  and  Yves 
Guyot,  are  similarly  unanimous  in  underestimating 
the  importance  of  colonial  possessions,  and  dis- 
couraging  colonial   enterprise.     Prevost-Paradol's 

1  Speech  of  February  28,  1867. 
8 


INTRODUCTION 

insistence  upon  colonization  as  "  the  activity  which 
decides  the  future  of  the  human  race,"  ^  and  M. 
Leroy-Beaulieu's  prize  treatise  on  colonization, 
issued  in  the  year  1873,  were  the  first  indication 
of  the  change  that  was  to  carry  the  French  public 
mind  to  the  opposite  extreme  of  boundless  en- 
thusiasm for  expansion. 

After  that  momentous  year,  1870,  when  the  en- 
tire aspect  of  Europe  had  been  changed  by  the 
achievement  of  German  and  Italian  political  unity, 
the  older  LiberaHsm  gradually  lost  its  hold,  and 
was  superseded  by  an  aggressive  and  ambitious 
Nationalism.  The  great  nations,  having  matured 
into  concrete  personalities,  were  eager  to  engage 
in  a  vigorous  competition  for  power  and  wealth. 
Finding  their  original  area  too  limited  for  their 
teeming  energies,  they  looked  abroad  for  new 
realms  to  conquer.  As  the  European  balance  of 
power  kept  them  from  preying  directly  on  each 
other,  their  eyes  longingly  turned  to  the  lands 
held  by  inferior  races,  which  could  be  appropri- 
ated with  comparatively  small  exertion.  Suddenly 
the  colonial  wealth  of  England  became  an  object 
of  jealousy  to  her  neighbors  ;  they  sought  to  mend 
their  neglected  fortunes  by  the  rapid  occupation  of 
Africa,  they  endeavored  to  emulate  her  sea  power, 
and  sent  out  merchantmen  to  dispute  with  her  the 
dominion  of  the  world's  trade.  As  formerly  the 
political  institutions  of  her  national  life,  so  now 
her  methods  of  colonial  expansion  and  of   trans- 

1  Letter  of  December  lo,  1865. 

9 


V 


COLONIAL   GOVERNMENT 

marine  trade,  became  a  model  to  the  other 
nations. 

In  France  the  exigencies  of  Napoleon's  conti- 
nental poHcy,  Roman  in  its  attempt  to  subjugate 
civilized  nations,  had  necessitated  the  sacrifice  of 
a  vast  colonial  empire.  Although  some  decades 
later  General  Faidherbe  and  other  men  of  enter- 
prise and  initiative  labored  at  the  extension  of 
French  dominion  in  North  and  West  Africa,  pub- 
lic interest  in  colonial  affairs  was  not  aroused  until 
the  defeats  in  the  Prussian  War  caused  the  French 
nation  to  look  for  opportunities  to  redeem  its  pres- 
tige in  new  realms.  In  this  it  was  encouraged  by 
Bismarck,  who  regarded  colonial  politics  as  largely 
a  waste  of  national  energy.  Since  then,  great  areas 
have  been  added  to  the  French  dominions  in  the 
northern  half  of  Africa  and  in  Indo-China;  and 
although  their  colonies  have  proved  an  expensive 
undertaking,  the  French  enthusiastically  cling  to 
them  as  the  "grand  cordon"  of  the  glory  of  em- 
pire, as  a  solace  for  lost  power  in  Europe,  and  as  a 
last  chance  for  regaining  economic  strength  and 
national  importance. 

Germany  has  but  recently  become  a  votary  of 
colonial  expansion.  Bismarck  saw  his  life  work 
clearly  in  the  upbuilding  and  internal  cementing 
of  German  political  unity  ;  beyond  this  his  plans 
did  not  extend.  In  his  Memoirs  he  declares  that 
Germany,  having  achieved  national  existence  and 
power,  now  has  no  further  desire  but  the  main- 
tenance of  peace  and  of  the  status  quo.     He  was 

lO 


INTRODUCTION 

reluctant  to  let  the  government  engage  in  colonial 
enterprise,  believing  that  greater  advantage  could 
be  gained  from  the  expansion  of  commerce  and 
industry  by  private  initiative.  Before  the  end  of  his 
career,  however,  he  was  forced  to  resort  to  political 
interference  in  order  to  protect  the  German  mer- 
chants in  Africa.  By  the  delimitation  agreement 
of  1890,  German  rule  in  Africa  became  an  es- 
tablished fact,  and  at  that  time,  under  the  leader- 
ship of  her  young  ruler,  the  empire  had  entered 
fully  into  the  competition  for  colonial  power. 

In  Russia  expansion  is  not  a  new  phenomenon ; 
till  recently  it  was  but  the  natural  growth  of  a  peo- 
ple cultivating  a  constantly  widening  area.  The 
last  few  decades,  however,  have  brought  a  marked 
change  in  its  character ;  with  the  rapid  advance  in 
Central  Asia,  and  the  occupation  of  Manchuria, 
Russia  has  entered  upon  a  more  conscious  phase 
of  expansion.  In  the  transformation  of  Siberia 
from  a  dread  waste  into  a  home  for  milHons,  Rus- 
sia is  true  to  her  old  character  as  a  conqueror  of 
the  hostile  forces  of  nature.  But  farther  to  the 
south,  as  her  recent  movements  indicate,  she  seems 
ambitious  to  become  the  conqueror  of  men,  and  to 
construct  an  Asiatic  empire  by  purely  political 
means.  Her  shrewd  and  successful  policy  in  Per-  ^ 
sia  and  China  appears  part  of  a  vast  plan  to  ac- 
celerate the  slow,  natural  process  of  settlement 
colonization,  and  thus  to  forestall  all  possible  at- 
tempts of  other  nations  to  gain  a  foothold  in  these 
coveted  territories. 

II 


COLONIAL   GOVERNMENT 

''  Thus  the  national  state,  moulded  in  the  furnace 
of  history  for  centuries,  has  now  come  to  form  the 
core  of  a  new  development  —  a  world-wide  empire 
encircling  the  globe  with  its  commerce  and 
its  colonial  establishments.  Only  within  the  last 
decade  has  the  consciousness  of  this  great  change 
become  at  all  common,  and  with  it  there  has  arisen 
an  intense  public  interest  in  colonies  and  depen- 
dencies. As  colonial  enterprise  has  become  a 
matter  of  prime  importance  in  modern  life,  the 
success  of  a  nation  with  respect  to  it  is  looked 
upon  as  a  touchstone  of  national  vigor  and  ability. 
The  nations  of  Europe,  whose  national  territory  is 
limited,  and  who  feel  the  impulse  of  expanding 
energies,  look  upon  the  possession  of  a  colonial 
empire  as  an  absolute  requisite  for  continued 
power  and  importance  ;  to  some  of  them  it  even 
seems  a  question  of  life  and  death  when  they  con- 
sider the  changed  aspect  of  the  world. 

The  United  States  though  not  thus  pressed  by 
evident  necessity,  has  been  carried  along  by  the 
current  of  events,  and  finds  itself  in  the  possession 
of  an  extensive  colonial  domain,  which  is,  on  ac- 
count of  its  climatic  conditions,  not  suitable  for 
settlement  by  Americans.  This  constitutes  an 
entirely  new  departure  in  the  history  of  the  Repub- 
lic. The  methods  by  which  the  problem  of  setthng 
and  subduing  the  American  continent  was  solved 
do  not  furnish  a  precedent  applicable  to  regions 
densely  populated  by  races  that  to  some  extent 
already  share  in  civilization.     It  is  the  natural,  and 

12 


INTRODUCTION 

the  only  wise,  course  to  turn  to  the  experience  of 
other  nations  who  have  had  similar  problems  to 
face,  and  by  whose  failures  and  successes  we  may 
instruct  ourselves.  For  the  settlement  by  modern 
Europeans  of  a  vast  region  in  a  moderate  climate, 
history  held  no  precedent;  the  questions  of  their 
own  national  life  the  American  people  had,  there- 
fore, to  solve  largely  by  experiment.  It  would, 
however,  be  worse  than  folly  to  reject  the  experi- 
ence of  others  where  similar  conditions  make  its 
application  possible. 

II 

The  term  "  colony  "  is  derived  from  the  Latin  co- 
Ionia,  which  signifies  a  place  of  planting,  or  a  group 
of  persons  who  plant ;^  hence  in  its  .original  and.  i 
simple  meaning,  "colony"  'refers  to  a  body  of 
people  who  leave  their  native  country  and  settle 
in  a  new  region  for  the  purpose  of  tilling  the 
soil.  The  Greek  generic  term  applied  to  colonies, 
apoikitty  on  the  other  hand,  signifies  merely  a  set- 
tlement away  from  home,  or  a  home  at  a  distance. 
Colonization  should,  however,  be  distinguished 
fronTmigration,  which  occurs  when  an  entire  tribe 
or  nation  leaves  its  original  home  and  settles  in 
another  country,  as  did  the  Anglo-Saxons  and  Lom- 
bards. Nor  should  the  term  "  colony  "  be  applied 
to  a  body  of  people,  who  after  emigration  have  lost_ 

^The  terms  "  plantation  "  and  "  colony  "  were  in  the  earlier  days 
of  English  colonization  often  used  interchangeably,  as,  for  instance, 
in  the  case  of  the  Plantation  of  Massachusetts  Bay.  _.--■ — 

13 


A 


COLONIAL  GOVERNMENT 

all  connection  with  the  mother  country.  The  con- 
cept of  a  colony,  therefore,  contains  the  idea  of 
some  kind  of  bond  between  the  new  settlement 
and  the  mother  country,  whether  in  the  matter  of 
language,  of  reHgion,  of  economic  life,  or  of  poUti- 
cal  allegiance. 

In  an  ethnological  sense,  any  settlement,  whether 
retaining  its  political  connection  or  not,  is  a  colony 
so  long  as  the  original  language  and  social  char- 
acteristics are  preserved.  In  this  sense  we  may 
still  speak  of  the  United  States  as  a  colony  of 
Great  Britian,  of  Quebec  as  a  French  colony,  and 
of  the  German  colonies  in  South  America.  The 
latter  may  also  be  regarded  as  colonies  in  respect 
to  their  economic  relations,  since  nearly  all  their 
foreign  business  dealings  are  with  the  German 
Empire.  The  Greek  colonies,  though  they  did  not 
preserve  any  political  allegiance  to  their  mother 
city,  retained  its  language  and  religion,  and  sent 
representatives  to  the  athletic  games  of  Greece ; 
hence,  in  an  ethnological  and  social  sense,  they  too 
deserve  the  name  of  colonies.  The  Athenian 
cleruchies  and  the  Roman  colonies  always  retained 
a  close  political  connection  with  the  mother  city. 

In  its  broader  aspects,  when  we  look  beyond  the 
mere  fact  of  present  settlement,  colonization  im- 
plies the  exertion  of  influence  by  a  higher  civiliza- 
tion upon  one  of  a  lower  order,  or  the  creation  of 
civilized  life  where  none  existed  before.  This  in- 
fluence must,  however,  he  brought  to  bear  through 
personal  contact,  through  a  certain  amount  of  set- 

14 


INTRODUCTION 

tlement  by  the  members  of  the  higher  state  among 
the  less  advanced  population.  To  constitute  coloni- 
zation it  would  not  be  sufficient  to  exert  influence 
through  legislation,  writing,  or  any  form  of  prop- 
aganda, without  the  creation  of  some  amount  of 
permanent  settlement.  Yet  permanent  settlement 
could  not  truly  be  called  colonization,  if  it  were 
undertaken  by  people' of  a  lower  civilization  in  ter- 
ritory occupied  by  a  state  of  a  higher  degree  in 
development.  Thus,  for  instance,  a  movement  of 
Chinese  or  Africans  to  the  United  States  might  be 
a  migration,  but  would  not  be  colonization,  as  it 
would  lack  the  element  of  an  influence  brought  to 
bear  by  a  higher  upon  a  lower  civiUzation.  More- 
over, as  long  as  this  influence  is  exerted,  coloniza- 
tion is  present  though  the  actual  settlement  of 
persons  in  the  region  affected  be  small.  Coloniza- 
tion must,  therefore,  be  viewed  as  a  part  in  the 
process  of  evolution  by  which  the  more  perfect 
forms  of  civilization  draw  into  their  orbit  those 
which  are  less  highly  organized. 

In  political  discussion,  the  term  "  colony  "  is  not 
generally  employed  unless  a  bond  of  political  con- 
nection or  allegiance  exists,  and  it  is  in  this  sense 
that  we  shall  use  it  hereafter ;  although  we  may 
also  consider  the  other  types  of  colonies  in  so  far 
as  they  lead  up  to  the  colony  par  excellence^  which 
is  also  a  political  dependency.  This  latter  term, 
however,  is  often  understood  to  embrace  more  than 
colonies,  where  the  word  "colony"  is  interpreted 
strictly  according  to  its  original  meaning  as  a  set- 

15 


.      COLONIAL   GOVERNMENT 

tlement.  Thus  Sir  George  Cornewall  Lewis  objects 
to  the  interchangeable  use  of  the  terms  "  colony  " 
and  "dependency"  on  the  ground  that  the  latter  is 
more  inclusive  than  the  former — that  India,  for  in- 
stance, is  a  dependency  and  not  a  colony.  But 
when  we  consult  the  usage  of  current  political  dis- 
cussion, we  find  that  the  name  of  colonies  is  quite 
generally  applied  to  outlying  dependencies,  such 
as  India,  the  Philippine  Islands,  or  Indo-China, 
although  in  them  there  has  not  been  much  dis- 
placement of  the  native  population  by  immigrants 
from  the  mother  country.  Hence,  a  definition  which 
would  conform  to  the  general  usage  of  the  present 
time  would  read  somewhat  as  follows  :  A  colony  is 
an  outlying  possession  of  a  national  state,  the  ad- 
ministration of  which  is  carried  on  under  a  system 
distinct  from,  but  subordinate  to,  the  government 
of  the  national  territory.  The  colony  may  be 
settled  by  citizens  of  the  mother  country  and  their 
descendants,  or  it  may  be  peopled  principally  by 
another  race,  but  in  every  case  the  government 
of  the  colony  must  acknowledge  some  form  of 
allegiance  to  the  mother  country. 

Nor  is  this  extension  of  the  term  "  colony "  to 
cover  all  dependencies  purely  a  matter  of  simphfica- 
tion  or  convenience ;  for  it  emphasizes  the  fact  that 
some  settlement,  some  movement  of  population,  is 
always  necessary  if  any  success  is  to  be  attained  in 
the  work  of  colonization.  However,  though  gen- 
eral usage  has  made  the  two  terms  interchangeable, 
they  still  indicate  a  radical  distinction  between  two 

i6 


INTRODUCTION 

classes  of  possessions,  a  distinction  which  is  the  true 
basis  of  any  logical  classification  of  colonies  for  pur- 
poses of  government.  All  colonies  may,  accord- 
ing to  this  distinction,  be  divided  into  settlement 
colonies  and  exploitation  or  investment  colonies, 

Settlement  colonies  are  those  in  which  the  origi- 
nal population  has  been  largely  or  entirely  dis- 
placed by  emigrants  from  the  mother  country,  who 
settle  in  the  new  region  and  engage  in  agriculture 
and  the  other  arts  of  industrial  life.  The  princi- 
pal examples  of  such  colonies  are  Canada,  Aus- 
tralia, the  Cape  of  Good  Hope,  and  the  original 
Thirteen  States  of  America,  all  situated  in  the 
moderate  zone. 

The  exploitation  colonies,  on  the  other  hand,  are 
found  in  the  tropics,  where  small  numbers  of  Euro- 
peans undertake  the  development  and  management 
of  natural  resources.  They  may  be  subdivided  into 
three  classes ;  or  rather,  there  are  three  phases  of 
growth  through  which  an  exploitation  colony  may 
pass,  —  namely,  the  commercial,  the_  agricultural, 
and  the  industrial.  In  the  original  colonization  of 
India,  of  Africa,  and,  to  a  certain  extent,  of  Spaif 
ish  America,  commercial  enterprise  was  a  primary 
motive.  This  is  especially  true  of  the  original 
colonial  activity  of  the  Dutch,  the  Portuguese,  and 
the  English  ;  and  even  at  the  present  time  the  im- 
portance to  the  mother  country  of  such  colonies  as 
Hongkong,  the  Straits  Settlements,  Indo-China, 
and  Tunis  is  based  chiefly  on  commercial  reasons. 
The  second  class,  the  agricultural  or  plantation 
c  17 


COLONIAL   GOVERNMENT 

colonies,  in  which  the  citizens  of  the  mother  coun- 
try settle  as  proprietors  or  managers  of  large 
plantations,  are  exemplified  best  in  the  islands  of 
the  West  Indies,  Ceylon,  Java,  and  the  colonies 
of  tropical  Africa.  Finally,  industrial  exploitation 
colonies  are  those  whose  soil  is  already  completely 
occupied  by  a  native  agricultural  population,  where, 
therefore,  the  utilization  of  forests  and  mines,  the 
building  of  railways,  and  the  establishment  of  manu- 
factures constitute  the  chief  activity  of  the  settlers 
from  the  mother  country.  This  phase  is  a  recent 
development  due  to  the  superabundant  energies  and 
means  of  the  capitalistic  civilization  of  Europe.  As 
examples  of  colonies  in  which  this  last  phase  is 
most  prominent,  or  destined  to  be  so,  we  may  men- 
tion India,  Egypt,  Malaysia,  and  the  Philippine 
Islands ;  that  is,  colonies  in  which  there  are  unex- 
ploited  natural  wealth  and  industrial  opportunities, 
together  with  a  large  agricultural  population. 

It  would,  of  course,  be  difficult  to  find  any  colony 
which  is  an  absolutely  pure  example  of  any  one  of 
the  above  classes,  as  the  activities  that  characterize 
the  three  phases  are  always  found  together.  But 
any  given  colony  usually  exhibits  one  of  the  above 
characteristics  more  markedly  than  the  other  two, 
and  thus  colonizing  activity  within  it  is  primarily 
commercial,  or  agricultural,  or  industrial.  Hong- 
kong, Jamaica,  and  Burma  would  be  good  exam- 
ples of  these  three  phases.  The  industrial  phase 
is,  however,  becoming  constantly  more  important 
throughout  the  colonial  world. 

i8 


INTRODUCTION 

Many  other  classifications  of  colonies  have  been 
made.  Roscher  divides  them  into  four  classes  — 
colonies  of  conquest,  of  commerce,  of  agriculture, 
and  of  plantations  ;  th  2  distinction  between  the  last 
two  classes  is  that  the  former  implies  settlement 
and  tilling  of  the  soil,  the  latter  merely  the  control 
of  large  landed  estates.  Fabri  distinguishes  three 
classes,  agricultural,  commercial,  and  penal  colo- 
nies. French  writers  generally  distinguish  colonies 
de  commerce^  colonies  agricoles  ou  depeup lenient^  and 
colonies  de  plantation  ou  d' exploitation.  But  as 
will  appear  when  we  consider  the  political  prob- 
lems of  colonization,  the  division  into  two  classes, — 
settlement  colonies  and  exploitation  or  investment 
colonies,  —  corresponds  most  nearly  to  the  physical 
facts  as  well  as  to  the  actual  institutional  develop- 
ments. 

A  complicated,  but  highly  suggestive,  classifi- 
cation is  that  made  by  Professor  Schaffle.  Start- 
ing from  the  premise  that  all  colonization  is  the 
exertion  of  influence  by  a  higher  upon  a  lower 
grade  of  civiHzation,  he  divides  the  manifestations 
of  this  activity  into  classes  according  to  the  dis- 
tance between  the  relative  degrees  of  development 
which  'the  two  societies  —  the  subject  and  the 
object  in  the  colonizing  process  —  have  attained. 
As  there  are  five  degrees  of  civilization,  —  the 
rural'  clan,  the  feudal  society,  the  city  state,  the 
territorial  state,  and  the  national  state,  —  there  is 
an  almost  kaleidoscopic  variety  of  possible  rela^ 
tions.     Thus,  when  a  society  that  has  reached-ilie 

19 


J 


COLONIAL   GOVERNMENT 

fifth  degree  of  development,  which  expresses  itself 
in  national  life,  colonizes  in  an  unsettled  region,  we 
have  colonization  of  the  fifth  degree;  when  its 
operations  are  carried  on  amid  a  population  that 
has  not  passed  the  rural  stage,  such  as  the  native 
societies  of  Africa,  the  colonization  is  of  the  fourth 
degree.  The  colonization  carried  on  by  the  Greek 
city  states  among  the  autochthons  of  Italy  would 
be  of  the  second  degree.  Professor  Schaffle 
makes,  moreover,  the  interesting  suggestion  that 
actual  colonization,  though  the  final  result  may  be 
of  the  fifth  degree,  is  always  of  one  degree  only. 
Thus,  e.g.^  the  emigrants  from  Germany  who  start 
out  to  settle  new  regions  come,  not  from  the  city  of 
Berhn,  which  represents  the  fifth  degree  of  civili- 
zation, but  from  the  rural  regions  which,  even  in  a 
national  state,  continue  to  represent  the  first  degree. 
^  Every  nation  is  thus,  in  his  view,  composed  of  strata 
of  population  which  still  represent  the  successive 
historic  stages  through  which  the  nation  has 
passed,  and  it  is  only  from  the  lowest  strata  that 
colonization  to  uninhabited  regions  is  undertaken. 
Regions  where  some  form  of  society  is  already 
established  are  colonized  chiefly  by  that  part  of 
the  population  of  the  colonizing  state  which  rep- 
resents the  next  higher  degree  of  civilization. 
Though  suggestive  in  a  discussion  of  the  philoso- 
phy of  colonization,  this  classification  could  hardly 
be  made  the  basis  of  practical  distinctions  in  estab- 
lishing colonial  institutions. ^ 

1  See  Schaffle,  Deutsche  Kern-  unci  Zeitfragen,  pp.  i68  ff. 

ao 


INTRODUCTION 

Where  a  nation  settles  the  unoccupied  regions 
within  its  own  national  territory,  or  displaces  a 
population  of  alien  origin  settled  therein,  the  pro- 
cess is  similar  to  colonization,  and  is  indeed  often 
called  ** inner"  or  ''internal"  colonization.  What 
distinguishes  it,  however,  from  true  colonization  is 
the  fact  that  it  constitutes  a  direct  extension  of  the 
body  politic  of  the  mother  country,  and  does  not 
become  the  source  of  founding  distinct  though  sub- 
ordinate communities.  The  expansion  of  the  Ger- 
man race  over  East  and  West  Prussia  and  Posen, 
the  settlement  of  the  Siberian  steppes  by  Russian 
peasants,  and  of  the  Great  West  by  American 
farmers,  is  not  colonization,  but  a  direct  and  im- 
mediate growth  of  the  body  of  the  nation.  The 
land  thus  occupied  is  an  integral  part  of  the 
national  territory,  and  though  exceptional  political 
arrangements  may  be  made  temporarily,  the  uni- 
form administration  and  polity  of  the  state  soon 
embraces  the  newer  regions. 

There  still  remain  to  be  noticed  some  peculiar 
usages  in  connection  with  the  terminology  of  colo- 
nial politics.  In  EngHsh  legislation  and  official 
documents  India  is  never  called  a  colony,  but  is 
always  treated  as  a  separate  empire  dependent 
upon  Great  Britain.  Moreover,  its  affairs  are  not 
administered  through  the  Colonial  Office,  but  by 
the  Secretary  of  State  for  India.  This  terminology 
and  practice  is  due  to  the  fact  that  India  is  very 
far  from  being  a  colony  in  the  original  narrow 
sense  of  the  term.     The  vastness  of  the  Indian 

21 


COLONIAL   GOVERNMENT 

realm,  the  large  populations  inhabiting  it,  the 
ancient  civilizations  of  which  it  is  the  home,  —  all 
these  facts  have  caused  the  term  ''colony  "  to  seem 
out  of  place.  The  old  and  settled  societies,  which 
constitute  the  Indian  Empire,  do  not  readily  yield 
full  sway  to  the  English  in  all  commercial,  industrial, 
and  social  matters.  Though  supreme  as  far  as 
government  is  concerned,  the  English  do  not  have 
control  of  the  wealth  of  the  country  to  the  same 
extent  as  in  such  colonies  as  Jamaica  and  Ceylon, 
where  they  are  also  only  a  small  minority  of  the 
population.  With  the  construction  of  railways 
and  with  the  development  of  industries  under 
British  initiative,  India  is,  however,  becoming  more 
and  more  a  colony  in  the  technical  sense  of  the 
term ;  and  it  is  in  fact  doubtful  whether  it  would 
permanently  remain  a  British  possession  unless 
the  English  could  continue  to  make  themselves 
constantly  more  useful,  and  indeed  indispensable, 
in  guiding  the  economic  development  of  their 
great  dependency. 

The  French,  in  general  as  well  as  in  scientific 

•      discussion,  embrace  all  their  dependencies  under 

the  name  of  *'  colony,"  with  the  exception  of  the 

protectorate  of  Tunis  and  the  provinces  of  Algeria ; 

f    although  in  some  of  them,  for  instance  in  Indo- 

\    China,  they  have  far  less  of  an  economic  hold  than 

\  the  English  have  in  India.     Much  of  the  trouble 

xjyhich  France  has  experienced  in  her  colonial  affairs 

is  due  to  the  fact  that  nearly  all  her  dependencies 

have  been  dealt  with  as  if  they  were  colonies  settled 

22 


INTRODUCTION 

by  Europeans.  Moreover,  Algeria,  which  among 
all  the  French  possessions  comes  nearest  to  being 
a  settlement  colony,  is  not  treated  as  a  colony 
at  all,  but  has  been  made  an  integral  part  of 
France,  tin prolongement  de  la  metropole ;  it  enjoys 
representation  in  the  French  parliament  and  is 
divided  into  departments  with  a  full  hierarchy 
of  French  local  officials. 

i  German  terminology  goes  to  the  other  extreme. 
^s^The  official  designation  of  all  colonial  dependencies 
is  ' '  Schutzgebiete  " — i.e.^  protected  territories.  The 
use  of  this  term  is  due  to  the  original  character  of 
the  German  colonial  movement.  Before  1885  it 
was  the  fixed  purpose  of  the  German  government 
to  avoid  direct  colonization  on  the  French  model, 
with  all  its  mihtary  and  official  machinery,  and  to 
go  no  farther  than  to  protect  German  enterprise, 
commercial  and  industrial,  in  the  regions  beyond 
the  sea.  This  idea,  though  soon  abandoned  in 
practice,  has  nevertheless  left  a  marked  impress 
on  the  subsequent  colonial  policy  and  terminology 
of  the  German  Empire.  The  use  of  a  term  which 
does  not  imply  the  exercise  of  territorial  sover- 
eignty has  also  been  found  very  convenient  for 
the  purpose  of  avoiding  difficulties  of  constitutional 
law. 

GENERAL  REFERENCES 

The  limits  of  space  forbid  an  attempt  to  give  a  complete 
bibliography  of  colonial  politics.  But  at  the  end  of  each 
chapter  the  most  accessible  and  helpful  literature  on  the  topic 
presented  will  be  indicated.     At  this  place  there  is  given  a 

23 


y 


COLONIAL   GOVERNMENT 

list  of  the  most  important  general  material  on  colonization 
contained  in  the  principal  treatises,  governmental  reports  and 
documents,  special  periodicals,  and  in  the  publications  of 
societies  devoting  themselves  to  the  study  of  colonial  affairs. 

L   Bibliographies 


Griffin,  A.  P.  C,   List  of  Books  relating  to   Colonization. 

Library  of  Congress,  Washington,  1900. 
yy     Catalogue  of  the  Library  of  the  Royal  Colonial  fjistitute. 

London,  1895.     First  Supplement,  1901. 
V-   Parliamentary  Reports  relating  to  the  Colonies,  fro7n  1800  to 

igoo.     Issued  by  P.  S.  King  and  Son,  Westminster. 
«w'Brose,  M.,  Die  deutsche  Koloniallitteratur .     Published  annu- 
ally at  Berlin. 
Mourey  et  Brunei,  D  Annie  coloniale,  contains  a  bibliography 

of  French   books  and   articles.     Published   annually  at 

Paris. 
Ireland,  A.,  Tropical  Colonization.   New  York,  1900.   Pp.  227- 

259. 
Brose,  M.,  "  Litteraturverzeichnis  iiber  die  Philippinen."     In 

Beitrdge  zur  Kolonialpolitik   nnd  Kolonialwissenschaft, 

Vol.  II.     Berlin,  1900. 
Catalogue  of  the  Bibliotheek  van  het  Departement  van  Kolo- 

nieji.     The  Hague,  1 885-1 891. 
Hooykaas,  J.  C,  Repertorium  op  de  Koloniale  Litteratuur, 

iS9S-i86^.     Amsterdam,    1874-80.     Supplement,   by  A. 

Hartmann.     The  Hague,  1895. 
The  Statesma7t's  Year  Book  contains  brief  bibliographies  on 

the  various  colonies. 

II.   General  Treatises 

/  Lewis,  Sir  George  C,  O71  the  Government  of  Dependencies. 
Oxford,  1891.  Originally  published  in  1841,  this  book  is 
valuable,  not  only  as  a  most  philosophical  discussion  of 
colonization,  but  also  as  expressing  the  general  attitude 
toward  colonies  during  the  middle  period  of  the  nine- 
teenth century. 

24 


INTRODUCTION 

Lucas,  C.  P.,  Historical  Geography  of  the  British  Colonies. 
Oxford,  1 887-1  go  I.  The  introductory  volume  contains 
the  best  existing  abstract  of  colonial  history. 

Merivale,  H.,  Lectures  on  Colonization  and  Colonies.  London, 
1861. 

Colonial  Administration.,  1800- 1900.  A  very  useful  compila- 
tion from  writers  on  colonial  politics  and  from  docu- 
mentary sources,  made  by  the  Bureau  of  Statistics  of  the 
Treasury  Department  under  the  direction  of  O.  P.  Austin. 
Washington,  1901. 

Woodward,  W.  H.,  The  Expansion  of  the  British  Empire. 
Cambridge,  1899. 

Roscher,  W.,  Kolonien,  Kolonialpolitik  und  Auswanderung. 
Leipzig,  1885. 

Zimmermann,  A.,  Die  europdischen  Kolonien.  Berlin,  1896- 
1901. 

Caldecott,  A.,  English  Colonization  and  Empire.  London, 
1897. 

Egerton,  H.  E.,  ^  Short  History  of  British  Colonial  Policy. 
London,  1894. 

Morris,  H.  C,  The  History  of  Colonization.    New  York,  1900. 

Payne,  E.  J.,  History  of  European  Colonies.     London,  1878. 

Leroy-Beaulieu,  P.,  De  la  Colonisation  chez  les  peuples  mo- 
dernes.     Paris,  1898. 

Lanessan,  J.  L.  de,  E Expansion  coloniale  de  la  France.  Paris, 
1886. 

Petit,  Ed.,  Organisation  des  colonies  franqaises.     Paris,  1895. 

Pierson,  A.  G.,  Koloniale  Politik.     Amsterdam,  1877. 

Other  works  will  be  cited  under  the  separate  chapters. 

in.  Government  Publications 

The  British  Parliamentary  Papers  (Blue  Books)  contain  an 
annual  account  of  the  administration  of  the  various  British 
colonies.  (List  published  by  P.  S.  King  and  Son,  West- 
minster.) 

The  Colo7tial  Office  List.  Published  annually  in  London. 
(Semiofficial.) 

25 


COLONIAL   GOVERNMENT 

Statistical  Abstract  for  the  Several  Colonial  and  other  Posses- 
sions  of  the  United  Kingdom. 

Administrative  reports  published  in  the  various  colonies. 

Annuaire  Colonial^  appears  since  1888,  and  is  now  published 
by  the  French  colonial  office.  Each  of  the  French  colo- 
nies also  publishes  an  ammaire,  a  summary  of  the  ad- 
ministrative organization  with  lists  of  officials ;  e.g., 
V  Annuaire  ghitral  commercial  et  administratif  de  Vlndo- 
Chine  franqaise.     Paris  and  Hanoi. 

The  German  parliamentary  papers  {IVeissbiicher')  on  colonial 
affairs. 

Deiitsches  Kolonialblatt^  and  Koloniales  fahrbuch^  both  pub- 
lished by  the  German  colonial  office. 

The  Seven  Colonies  of  Australia.     Annual. 

TJie  Wealth  and  Progress  of  New  South  Wales.     Annual. 

The  New  Zealand  Official  Year-Book.     Annual. 

IV.   Periodicals  and  Publications  of  Colonial 
Societies 

Reports  of  the  Chambers  of  Commerce  of  the  Empire.     This 

organization  meets  every  four  years. 
The  fournal  of  the  Society  for   Comparative    Legislation. 

London.      The  papers  published  in  this  journal  relate 

largely  to  colonial  law. 
The  Proceedings  of  the  Royal  Colonial  Institute.      London, 

1870-1901. 
Publications  of  the  Imperial  Institute.     London. 
Publications  of  the  Emigrants'"  Information  Office.     London. 
77^*?  Imperial  Institide  fournal.     London. 
four?tal  of  the  African  Society.     London. 
Comptes  rendues  des  stances  de  Vhistitut  colonial  interna- 
tional.    Brussels,  annually  since  1894. 
Bibliothlque    coloniale    Internationale.      Publication    of   the 

Institut,  Brussels. 
Exposition   de   1900.      Congres   International   de   Sociologie 

coloniale  {Comptes  rendues) .     Paris,  1901. 
26 


INTRODUCTION 

Les  Aimales  coloniales^  organe  de  la  France  Coloniale  Mo- 

derne.     Paris. 
Bulletin  du  Comite  de  P Afrique  franqaise.     Paris. 
Questions  diploniatiques  et  coloniales.     Fortnightly,  Paris. 
La  Quinzaine  coloniale.     Paris. 
Revue  de  Madagascar.     Paris. 
Bulleti7i  de  la  Societe  franqaise  pour  la  protection  des  indi- 

ghies  des  colonies.     Paris. 
Bidletin  du  Contite  de  PAsie  frangaise.     Paris. 
Revue  algerienne.     Paris. 

VAnnee  coloniale.     Edited  by  Mourey  and  Brunei,  Paris. 
Revue  des  Cultures  coloniales.     Paris. 
Revue  franqaise  de  Vetr anger.     Paris. 
Revue  maritime  et  coloniale.     Paris. 

Beitrdge  zur  Kolonialpolitik  utid  Kolonialwirtschaft.  Pub- 
lished   annually   by   the    Deutsche    Kolonialgesellschaft, 

Berlin. 
Deutsche  Kolonialzeitung.     Organ  of  the  same  society,  which 

also  publishes  Jahresberichte. 
Jahrbuch  der  deutschen  Kolonialpolitik.    Edited  by  Bruckner, 

Berlin. 
Deidscher  Kolonialkalender .     Edited  by  Meinecke,  Berlin. 
Kolofiiale  Zeitschrift.     Berlin,  since  1884. 
Export.    Berlin,  since   1879.     (Organ  of  the  Zentralverein 

fur  Handelsgeographie.^ 
La  Belgiqice  coloniale.     Brussels. 
Gazette  coloniale.     Brussels. 
D  Italia  coloniale.     Rome. 
Indische  Gids.     Leyden,  since  1879. 
Bijdragen  tot  de  Taal-^  Land-  en  Volkenkunde  der  Nederl. 

Indie.    The  Hague,  since  1853. 

REFERENCES  FOR  CHAPTER  I 

Adams,  G.  B., " The  Imperial  Federation  Movement."  Proceed- 
ings of  Wisconsin  State  Historical  Society.  Madison, 
1898.     Pp.  93-116. 

27 


COLONIAL   GOVERNMENT 

Berard,    V.,    V Angleterre  et  Pwiperialisme.     Paris,    1900. 

Pp.  1-117. 
Boutmy,  E.,  "  Les  Etats-Unis  et  rimperialisme."     In  Annales 

des  sciences  politiques,  Vol.  XVIL,  pp.  1-18. 
Bright,  John,  Speeches.     London,  1869.     Vol.  L 
Cairnes,  J.  E.,  Political  Essays.     1873.    Essay  on  "  Colonies." 
Chamberlain,  Joseph,  Foreign  and  Colojtial  Speeches.  London, 

1897. 
Cramb,  J.  A.,  The  Origins  and  Destifty  of  Imperial  Britain. 

London,  1900.     Lecture  L 
Dubois,  M.,  Systhnes  coloniaux  et  peuples  colonisateurs.   Paris, 

1895. 
Egerton,  H.  E.,  ^  Short  History  of  British  Colonial  Policy. 

London,   1897.      Bk.   IV.,   "The  Period  of  the  Zenith 

and  Dedine  of  Laissez-Aller  Principles." 
Fabri,  F.,  Bedarf  Deutschland  der  Kolonien.     1889. 
Franz,    C,   and   Schuchardt,   O.,   Die   deiitsche    Politik   der 

Zukunft,  Vol.  I.,  pp.  46-73 ;  Vol.  IL,  pp.  1-67. 
Funck-Brentano,  Th.,  La  Politique.    Paris,  1892.    Ch.  XXVII. 
Giddings,  F.  H.,  De?nocracy  arid  Empire.     New  York,  1900. 

Ch.  XVII. 
Guyot,  Y.,  Lettres  sur  la  politique  coloniale.     Paris,  1885. 
Hasse,  Dr.  E.,  "  Kolonien  und  Kolonialpolitik."    In  Conrad's 

Handworterbuch^  Vol.  IV. 
Holm,  A.,  History  of  Greece.     London,  1894-1898.     Vol.  I., 

Ch.  XXI. 
Jordan,  D.  S.,  Imperial  Democracy .   New  York.  1899.   Ch.  II. 
Kingsley,  Mary  H.,   West  African  Studies.     London,  190 1. 

Chs.  XXI.-XXII. 
Lewis,  Sir  G.  C,  Government  of  Dependencies.    Oxford,  1891. 

Ch.  I. 
Mahan,  A.  T.,  The  Problem  of  Asia.     Boston,  1900.     Ch.  I. 
Morris,  H.  C,  The  History  of  Colonization.     New  York,  1900. 

Preliminary  chapter. 
Reinsch,  P.  S.,  World  Politics.     New  York,  1900.     Part  I. 
Robinson,  Sir  J.,  The  Colonies  and  the  Century.     London, 

1899. 

28 


INTRODUCTION 

Roloff,  G.,  Die  Kolonialpolitik  Napoleons  I.     Leipzig,  1899. 
Rougier,  J.  C.  P.,  Precis  de  legislation  et  d''dcono7nie  coloniale. 

Paris,  1895.     Ch.  I. 
Schaffle,   A.,  Deutsche  Kern   m.  Zeitfragen.      Berlin,    1894. 

Pp.  168-220. 
Stengel,  K.  von,  Die  deutschen  Schutzgebiete.    Mlinchen,  1895. 
Steifen,  G.   F.,    England   als    IVeltmacht    ti.    Kidturstaat. 

Stuttgart,  1899.     Ch.  I. 
Temple,  Sir  R.,  Cosmopolitan  Essays.     London,  1886. 
Zimmermann,  Dr.  A.,  Die  europdischen  Kolonien.      Berlin, 

1 896-1 90 1.     Vol.  Ill,  pp.  382-399. 


29 


CHAPTER   II 

MOVEMENTS   OF   POPULATION 

Although  it  is  but  natural  to  look  upon  over- 
population as  one  of  the  principal  causes  of  colonial 
enterprise,  when  we  scan  the  history  of  colonial 
origins,  we  cannot  avoid  the  conclusion  that  the 
determining  factors  in  the  genesis  of  colonies 
must  usually  be  looked  for  elsewhere  than  merely 
in  the  crowded  condition  of  some  of  the  older 
countries.  Thus,  among  the  Greeks,  discord  and 
incompatibility  at  home  were  a  more  potent  cause 
of  emigration  to  the  colonies  than  the  overcrowding 
of  the  cities.  Such  incompatibility  with  the  sur- 
roundings, and  longing  for  independence,  has 
always  been  the  most  common  cause  for  emigra- 
tion, especially  in  cases  where  emigrating  currents 
are  first  started  toward  new  regions.  Religious 
discord  and  oppression  not  only  brought  the  Puri- 
tans to  New  England,  but  also  caused  the  great 
emigration  movement  among  the  Lutherans  of 
Germany,  who  left  their  home  to  escape  enforced 
union  with  the  Reformed  Church.  The  emigration 
of  the  Irish  people  is  also  due  rather  to  dissatisfac- 
tion with  their  institutional  and  economic  surround- 
ings than  to  the  absolute  failure  of  the  Irish  soil  to 

30 


MOVEMENTS   OF   POPULATION 

support  its  population.  In  general  it  may  be  said 
that  mere  over-population  produces  only  stolidity 
and  weakness,  and  that  the  impulse  to  venture  into 
new  lands,  especially  before  a  regular  current 
toward  them  has  set  in,  must  be  given  by  some 
other  condition  or  incentive. 

Population  movements,  moreover,  even  those 
directed  to  true  settlement  colonies,  are  generally 
overestimated  as  far  as  their  exact  numerical 
strength  is  concerned.  Thus  the  millions  of  P'rench 
Canadians  trace  their  descent,  in  the  main,  to  no 
more  than  10,000  original  settlers.  Even  at  the 
time  of  the  Quebec  Act  of  1775,  the  French 
population  of  Canada  counted  only  70^000.  The 
small  number  of  the  original  settlers  in  South 
Africa  is  indicated  by  the  fact  that  there  are  only 
a  few  hundred  family  names  among  the  Dutch  and 
Huguenot  population  of  that  region.  While  the 
present  white  population  of  British  South  Africa 
reaches  the  figure  of  about  800,000,  it  would  cer- 
tainly be  a  liberal  estimate  to  put  the  total  immi- 
gration into  that  region  during  the  past  century  at 
150,000.  In  exploitation  colonies,  of  course,  the 
movement  is  of  still  smaller  importance  as  far 
as  numbers  are  concerned.  Thus  out  of  the 
294,000,000  inhabitants  of  the  Indian  Empire,  less 
than  300,000,  including  the  military,  are  of  European 
origin. 
\J  In  many  cases,  population  movements  have  been 
started  by  force,  or  by  the  offer  of  unusual  induce- 
ments.    Under   the  colonial    regime   of    Colbert, 

31 


COLONIAL   GOVERNMENT 

when  the  most  important  French  settlement  colo- 
nies were  founded,  both  means  were  employed  in 
order  to  gain  colonists  for  Quebec,  Louisiana,  and 
the  West  Indies.  Under  Richelieu,  in  1627,  the 
Company  of  New  France  was  granted  a  charter 
only  upon  condition  that  it  would  induce  4000 
colonists  to  settle  in  America.  Most  of  the 
colonists  thus  enlisted  came  from  the  dependent 
classes ;  they  were  as  a  rule  hired  out  to  colonial 
planters  as  indentured  servants  for  a  period  of  three 
years.  Women  were  generally  supplied  from  the 
orphanages  of  Paris  and  of  the  large  provincial 
towns.  The  Dutch,  likewise,  relieved  the  absence 
of  women  in  their  South  African  colony  by  the 
importation  of  orphan  girls  from  Amsterdam. 

In  this  connection  we  should  also  note  the  penal 
settlements,  which  were  formerly  an  important 
means  of  colonization,  and  which  have  often  been 
used  as  a  first  step  in  the  development  of  new 
regions,  as  in  the  case  of  Siberia  and  Australia. 

At  the  present  time  none  of  the  great  colonizing 
nations  except  Russia  and  Germany  are  suffering 
from  over-population  of  their  national  territory  to 
such  an  extent  as  to  make  this  situation  a  primary 
factor  in  their  colonial  politics.  It  is,  however, 
assuredly  to  be  expected  that  the  teeming  popula- 
tion of  Germany,  confined  to  a  narrow  European 
territory  and  lifted  above  the  condition  of  a  mere 
crowded  mass  by  a  superior  education,  will  continue 
to  be  a  conspicuous  factor  in  future  colonial  enter- 
prise.    The  Russian  movement  across  the  plains  of 

32 


MOVEMENTS   OF   POPULATION 

Siberia  must  be  considered  as  purely  internal 
colonization,  because  the  country  settled  is  treated 
as  an  integral  part  of  the  Russian  Empire  and  as 
coordinate  with  European  Russia. 

Though  over-population  has  not  been  a  primary 
motive  in  colonization,  yet  the  question  of  popula- 
tion is  an  important  one,  as  a  stationary  or  retro- 
grading people  cannot  reasonably  expect  to  spare 
sufficient  energy  for  colonial  enterprise  and  to  meet 
successfully  the  constant  drains  on  "  human  mate- 
rial "  which  it  is  sure  to  impose.  French  writers 
claim  that  it  is  not  necessary  for  France  to  have  an 
increasing  population  in  order  to  be  successful  in 
tropical  colonization,  where  so  few  actual  settlers 
are  needed.  Still,  it  would  seem  that,  though 
crowding  at  home  is  not  of  itself  sufficient  to 
cause  colonial  movements,  nor  necessary  for  tem- 
porary success,  a  nation  that  is  declining  in  num- 
bers cannot  hope  to  compete  successfully  in  the 
long  run  with  one  that  has  an  abundant  reserve 
of  energy.  Colonization  is  more  than  a  merely 
cerebral  and  directive  function  that  may  be  exer- 
cised from  a  metropolis  without  the  expenditure  of 
large  amounts  of  human  energy  and  life-blood. 

Another  important  consideration  that  should  be 
touched  upon  here  concerns  the  territorial  limits 
within  which  the  white  race  can  hope  to  expand. 
It  is  generally  assumed  that  the  tropics  are  not  a 
favorable  field  for  permanent  occupation  by  Euro- 
pean settlement  colonies.  In  these  regions  members 
of  the  white  race  must  confine  themselves  to  direct- 
D  33 


COLONIAL   GOVERNMENT 

ing  agricultural  and  industrial  operations,  because 
the  insalubrity  of  the  climate  and  the  excessive 
heat  render  the  performance  of  ordinary  labor  pos- 
sible only  to  such  races  as  the  negroes,  Hindus, 
and  Chinese.  The  data  which  we  possess  are, 
however,  not  sufficient  for  final  conclusions  as  to 
the  actual  impossibility  of  such  settlements.  Very 
many  whites  live  in  great  comfort  in  the  tropics, 
enjoying  excellent  health,  and  satisfied  with  the 
comparative  ease  of  their  existence.  The  frequent 
and  unmistakable  degeneracy  of  whites,  which  is 
found  everywhere  in  the  tropics,  is  due  perhaps 
rather  to  the  absence  of  favorable  social  environ- 
ments than  to  climatic  conditions.  In  the  tropics, 
European  settlement  on  a  large  scale  has,  of  course, 
never  been  given  a  real  trial,  and  the  presence  of 
malaria  would  appear  to  render  such  an  experi- 
ment futile.  Should  it,  however,  become  possible, 
through  the  extermination  of  the  malarial  mosquito, 
to  put  an  end  to  the  unhealthf  ulness  of  the  tropics, 
there  would  seem  to  be  no  longer  an  absolute 
barrier  to  extensive  settlement  by  white  colo- 
nists in  some  parts  at  least  of  the  tropical  world. 
Subtropical  regions,  with  almost  tropical  climate, 
such  as  Natal,  have  already  been  turned  into  most 
agreeable  and  healthy  abodes  for  Europeans. 
Still,  there  does  not  as  yet  exist  sufficient  pressure 
of  population  to  cause  the  white  race  to  push  into 
the  heart  of  the  tropics.  Under  present  conditions 
this  part  of  the  world  is,  therefore,  still  regarded, 
for    purposes   of    practical   politics,    as   unfit   for 

34 


MOVEMENTS   OF   POPULATION 

settlement  colonies  —  a  very  important  fact  when 
forms  of  government  come  to  be  considered. 

Which  among  the  non-European  races  is  actually 
to  inhabit  the  tropics,  developing  their  agricultural 
and  commercial  wealth  under  the  direction  of  the 
white  race,  is  a  question  which  is  eliciting  much 
speculation.  The  negro  race,  while  endowed  with 
a  splendid  physique  and  with  great  power  for  work, 
is  neither  progressive  nor  inclined  to  submit  to 
regularity  of  toil,  such  as  an  industrial  civilization 
demands.  While  not  equal  to  them  in  bodily 
strength,  the  Hindus  and  the  other  races  of  India 
are  very  docile  and  painstaking  laborers ;  they  also 
readily  engage  in  commercial  pursuits,  and  have  in 
the  capacity  of  contract  laborers  or  merchants  in- 
vaded, not  only  Mauritius  and  East  Africa,  but  also 
the  West  Indies  and  British  Guiana.  The  Chinese 
are  the  most  energetic  among  the  races  that  are 
ready  to  take  up  the  heavy  burden  of  ordinary 
manual  labor  in  the  tropical  regions.  In  the  Philip- 
pines, Burma,  Indo-China,  and  the  Straits  Settle- 
ments they  are  already  so  numerous  and  so 
nearly  indispensable,  their  operations  have  been  so 
successful,  that  they  appear  to  have  a  fair  chance 
of  becoming  the  most  prominent  part  of  the  popu- 
lation of  the  Oriental  tropics.  Large  numbers  of 
them  have  also  found  their  way  to  Mexico,  the 
West  Indies,  and  South  America.  Their  ability  to 
accommodate  themselves  to  any  environment,  not- 
withstanding the  tenacity  with  which  they  cHng  to 
their  customs,  and  to  live  and  flourish  in  any  cli- 

35 


COLONIAL   GOVERNMENT 

mate,  makes  them  much  sought  after  as  workmen  in 
the  construction  of  great  industrial  improvements 
in  the  tropics.  They  are  used  as  contract  laborers 
in  most  tropical  colonies,  and  when  they  have  once 
gained  a  foothold,  they  rapidly  enter  other  fields  of 
activity,  especially  as  retail  merchants  and  small 
farmers. 

REFERENCES 

Bordier,  N.,  La  Colo7iisaiion  scientifiqiie  et  les  colonies  fran- 

qaises.     Paris,  1884. 
Butterworth,  A.  R.,  "The  Immigration  of  Colored  Races  into 

British  Colonies."    Journal  of  the  Society  of  Compara- 
tive Legislation^  1897,  336  sq. 
Cailleux,  E.,  La    Question   chinoise  aux  Etats-Unis.     Paris, 

1898. 
Chamberlain,  J.,  Speech  on  the  School  of  Tropical  Medicine, 

May  10,  1899. 
Geffcken,  H.,  "The  Germans  as  Emigrants  and  Colonists." 

Fo}'Jt7n,  XIII,  200. 
Kidd,  Benjamin,  Control  of  the  Tropics.     London,  1898. 
Leroy-Beaulieu,  P.,  VAlgerie  et  la   Tunisie.     Paris,   1897. 

Bk.  I.,  Ch.  III. 
Leroy-Beaulieu,  P.,  De  la  Colonisation   chez  les  peuples  mo- 

dernes.     Paris,  1898.     Pt.  II,  Bk.  I,  Ch.  I. 
Merivale,   H.,    Colonization   and  Colonies.      London,    1841- 

1842.     Lecture  V. 
Orgeas,  J.,  La  Pathologie  des  races  humaines  et  le  problhne 

de  la  colonisation.     Paris,  1886.     Part  II. 
Pearson,  C.   H.,  National   Characteristics.      London,    1894. 

Ch.  I. 
Piolet,  J.  B.,  La  Frafice  hors  de  France.     Paris,  1900. 
Preville,  A.  de.,  Les  Sociites  africaines,  —  origine,  evohition, 

avetiir.     Paris,  1894. 
Proper,  E.  E.,  Colonial  Immigration  Laws.    New  York,  1900. 

36 


MOVEMENTS   OF   POPULATION 

Ripley,  W.   Z.,    "Acclimatizations."      In    Popular    Science 

Monthly^  1896. 
Roscher,  W.,  Kolo7iien^  Kolonialpoliiik  und  Auswanderung. 

Leipzig,  1885. 
Sambon,  L.  W.,  "Acclimatization  of  Europeans  in  Tropical 

Lands."     In  Geographical  Journal,  X\l.     589-606. 
Tantet,   V.,   "  Survivance   de   Tesprit   fran9ais    aux   colonies 

perdues."     In  Les   Colonies  frangaises.  Exposition  uni- 

verselle  de  igoo.     Paris,  1900. 
Williams,  T.  W.,  "  The  Problem  of  Chinese  Immigration  in 

Farther  Asia."    Annual  Report  of  the  American  His- 
torical Association,  1899. 


37 


V 


CHAPTER   III 

MISSIONARY    WORK 

The  spirit  of  missionary  propaganda  is  one  of 
the  most  prominent  motives  that  have  led  to 
original  colonization  in  modern  times.  When  the 
Spanish  began  their  career  of  colonial  conquest, 
they  had  just  accomplished  the  expulsion  of  the 
Moorish  Moslemites  from  Castile.  The  enthusiasm 
which  had  been  aroused  by  this  warfare  was  by  no 
means  exhausted,  but  it  still  sought  other  outlets 
for  its  energies.  The  adventurous  seamen  who 
carried  the  Spanish  insignia  to  the  most  distant 
parts  of  the  globe  had  all  registered  their  vows  to 
assist  in  the  propagation  of  the  Christian  faith. 
Thus  in  Spanish  and  Portuguese  colonization  the 
conquistador  and  the  missionary  went  together  and 
worked  hand  in  hand.  Upon  their  methods  it  is 
not  necessary  here  to  pass  judgment ;  we  but  inti- 
mate the  close  connection  of  missionary  work 
with  colonial  enterprise.  Similar  motives  animated 
the  founders  of  French  colonial  greatness.  The  ^ 
patent  granted  by  Louis  XIV  to  the  French  Com- 
pany of  the  West,  in  1664,  contained  the  provision 
that  as  "  the  glory  of  God  is  the  chief  object  in 
view,  the  company  is  required  to  supply  its  pos- 

38 


MISSIONARY   WORK 

sessions  with  a  sufficient  number  of  priests  and 
diligently  to  exclude  all  teachers  of  false  doctrine." 

In  the  early  activities  of  English  colonization 
we  find  the  same  union  of  religious  and  secular 
aims.  Sir  Humphrey  Gilbert,  who  estabHshed  the 
first  English  colony  in  America,  avowed  the  princi- 
ple that  the  "  sowing  of  Christianity  must  be  the 
first  intent  of  such  as  shall  make  any  attempt  at 
foreign  discovery."  In  the  sermon  which  was 
preached  to  celebrate  the  foundation  of  the  Vir- 
ginia Company,  the  minister,  Crashaw,  insisted 
upon  the  duty  of  the  colonists  to  bring  the  sav- 
ages within  the  fold  of  Christianity ;  and  the  royal 
ordinance  accompanying  the  charter  of  the  com- 
pany prescribed  that  the  president  and  council 
should  provide  that  "  the  Word  and  Services  of 
God  should  be  preached,  planted,  and  used "  in 
the  colony.  The  possessions  of  the  East  India 
Company,  which  had  also  at  its  foundation  been 
exhorted  to  propagate  the  gospel,^  were  the  only 
regions  among  the  early  English  colonies  from 
which  missionary  endeavor  was  excluded ;  for  it 
was  not  until  1813  that  missionary  work  was 
allowed  to  begin  in  India. 

In  the  modern  movement  of  expansion  and  col- 

1  It  was  a  common  thing  to  have  a  sermon  preached  by  some 
prominent  minister  at  important  meetings  of  the  trading  compa- 
nies. See,  e.g.^  Crashaw's  sermon  in  Brown,  Genesis  of  the  United 
States,  p.  371,  and  J.  Hughes,  Sermon  preach' d  before  George,  Earl 
of  Berkley,  Governor,  and  the  Company  of  Merchants  of  England, 
trading  in  the  Levant  Seas,  at  St.  Peter's  Church  in  Broadstreet, 
November  /5,  1683.     London,  1683. 

39 


COLONIAL  GOVERNMENT 

onization,  the  importance  of  missions  has  by  no 
means  diminished.  In  all  parts  of  the  world  the 
missionary  has  preceded  the  tradesman  and  the 
magistrate,  often  unintentionally  preparing  the  way 
for  them  and  making  their  operations  possible. 
During  the  last  two  hundred  years  fifty-four  mis- 
sionary societies  have  been  established  in  Great 
Britain  alone,  most  of  which  are  still  active  in  for- 
eign and  colonial  fields.  Through  the  work  of 
missionaries  the  British  Empire  obtained  its  first 
foothold  in  many  of  its  most  important  colonies, 
such  as  Austraha,  Fiji,  South  and  Central  Africa, 
Sierra  Leone,  Burma,  and  Guiana.  In  all  these 
regions  missionary  stations  were  established  long 
before  regular  trade  communications  or  political 
control  came  into  existence. 

The  French  established  their  first  relation  with 
Farther  India  in  1741,  when  Pigneau  de  Behine 
went  to  Cochin  China  as  bishop  and  leader  in  a 
missionary  movement.  The  French  missionaries 
continued  their  activity  in  this  region  uninter- 
ruptedly, often  against  serious  native  opposition. 
When,  in  1862,  a  popular  uprising  took  place  and 
a  number  of  missionaries  were  massacred,  the 
French  government  intervened,  and  established  its 
political  dominion.  In  the  West  African  colonies 
which  were  acquired  through  the  forward  move- 
ment begun  by  General  Faidherbe  in  the  fifties  of 
the  last  century,  the  missionaries,  as  the  leader  of 
the  movement  himself  testifies,  were  a  most  power- 
ful aid  in  the  expansion  of  French  influence.     In 

40 


MISSIONARY  WORK 

a  recent  official  publication,  facts  are  brought  out 
showing  that  missionary  work  was  practically  the 
cause  that  led  to  the  establishment  of  the  French 
protectorates  in  Oceanica.^ 

An  honorable  privilege  which  the  French  nation 
has  claimed  for  centuries  has  at  the  present  time 
received  new  importance.  This  is  the  protecto- 
rate over  the  Roman  Catholic  missions  and  Chris- 
tians residing  in  the  Levant  and  throughout  the 
Orient,  which  the  French  government  has  exer- 
cised since  the  time  of  the  Crusades,  and  which 
has  been  ratified  repeatedly  by  the  Roman  Curia, 
as  well  as  by  the  Porte  in  the  capitulation  of  1536 
and  in  subsequent  treaties.  Through  this  protec- 
torate, the  execution  of  which  is  intrusted  to  the 
French  consuls  in  the  Orient,  the  French  have 
acquired  a  large  influence  throughout  the  region  of 
the  eastern  Mediterranean.  As  the  French  eccle- 
siastics and  missionaries  have  been  careful  to  avoid 
every  appearance  of  proselytizing  the  Moslems, 
and  have  confined  their  missionary  work  to  the 
Armenian  population  and  to  other  Levantine 
Christians,  they  have  not  encountered  any  seri- 
ous obstruction  on  the  part  of  the  Turkish  gov- 
ernment, and  at  present  their  missions  still  enjoy 
a  predominating  influence  in  this  region.  Twenty- 
five  hundred  out  of  the  three  thousand  persons 
of  European  nationality  who  are  engaged  in 
teaching  and  missionary  work  in  the  Levant  are 
French,   or   belong   to    French   orders    and   insti- 

1  Henrique,  L.,  Les  Colonies  frartfaises.     Vol.  IV. 


COLONIAL   GOVERNMENT 

tutions.  They  manage  and  support  four  hundred 
schools,  which  are  attended  by  some  forty  thou- 
sand pupils,  and  in  which  instruction  is  given  in 
the  French  language.  This  latter  purpose  the 
French  government  aids  by  an  annual  subvention 
of  half  a  million  francs,  and  it  is  also  supported 
by  the  efforts  of  the  French  Alliance,  a  society  for  ^ 
the  propagation  of  the  French  language  and  civili- 
zation in  foreign  parts. 

Attacks  on  this  protectorate,  which  has  been 
gaining  in  political  importance  in  the  eyes  of  Eu- 
ropean statesmen,  have  been  made  from  various 
sources  within  the  last  decade.  Thus  the  Italian  \ 
missions,  which  enjoy  a  government  subvention  of 
1,400,000  francs  annually,  silently  work  against 
French  control,  although  they  are  still  formally 
embraced  within  the  French  protectorate.  The 
German  Emperor,  moreover,  has  made  repeated 
attempts  to  secure  at  least  a  part  of  this  privilege 
of  a  protecting  power  for  his  government.  Through  y 
the  German  party  among  the  cardinals  at  the  Vati- 
can, he  has  tried  to  obtain  the  papal  sanction  for  a 
protectorate,  at  least  over  the  German  Catholics  in 
the  Orient  and  the  Levant.  Failing  of  this,  he 
waived  the  mark  of  official  approval  from  this 
source,  and  proclaimed  that  it  is  the  duty  and  priv- 
ilege of  the  German  Empire  to  protect  its  mission- 
aries, whatever  faith  they  may  profess,  and  in 
whatever  part  of  the  world  they  may  be  working. 
Germany  has  also  been  trying  to  establish  other 
relations  which  would  counteract  the  French  influ- 

42 


MISSIONARY   WORK 

ence  in  the  Levant.  In  this  matter  she  is  count- 
ing especially  upon  the  strong  feeling  of  hostility 
between  the  Armenian  clergy  and  the  Latin  mis- 
sionaries —  a  feeling  which  is  due  to  the  fact  that 
the  latter  do  not  recognize  the  rites  of  the  Arme- 
nian church.  The  Patriarch  of  Jerusalem  has  re- 
cently, on  repeated  occasions,  shown  himself  as 
friendly  to  Germany  as  he  is  hostile  to  the  French, 
to  the  Russian,  and  to  the  Italian  clergy. 

Russia,  ever  watchful  of  all  possible  opportuni- 
ties to  extend  her  influence,  has  not  overlooked  the 
importance  of  the  missionary  question,  and  she 
gives  the  most  active  support  to  the  numerous 
Orthodox  popes  who  are  engaged  in  the  work  of 
establishing  missions  and  schools  throughout  Asia 
Minor  and  Syria.  In  this  field,  which  by  common 
agreement  will  be  of  great  importance  for  coloni- 
zation in  the  near  future,  the  European  nations 
are,  therefore,  using  the  missionaries  as  pickets  or 
advance  guards  for  the  solid  phalanx  of  national 
power  by  which  they  hope  in  due  time  to  render 
impregnable  the  position  thus  cautiously  ap- 
proached. 

This  method  of  utilizing  missionary  work  for 
political  purposes  has  been  nowhere  employed 
with  less  reserve  than  in  China.  As  is  well 
known,  Germany  obtained  her  first  foothold  in 
Kiao-chau  in  consequence  of  the  murder  of  two 
German  missionaries.  In  the  negotiations  grow- 
ing out  of  this  matter  the  German  government 
procured  the  lease  of  the  harbor  and  bay  with  the 

43 


COLONIAL   GOVERNMENT 

adjacent  territory,  and  it  also  obtained  extensive 
mining  and  railway  privileges  in  the  rich  province 
of  Shan-tung.  In  southern  China,  the  French  in 
a  similar  manner,  and  with  equal  boldness,  secured 
a  mortgage  on  the  country  and.  its  resources.  As 
compensation  for  the  murder  of  a  missionary,  they 
obtained  mining  rights  in  six  governmental  dis- 
tricts of  Sze-chuan,  together  with  other  valuable 
privileges.  In  the  famous  case  of  Pere  Berthellot, 
they  avenged  a  Hke  outrage  by  claiming  the  right 
to  construct  a  railway  within  the  two  provinces  of 
Kwang-si  and  Kwang-tung.  This  latter  concession 
is  the  chief  basis  of  their  privileged  status  in  south- 
ern China. 
/  With  the  growth  of  colonial  expansion  there  has 
\  also  come  a  movement  to  make  the  missions  more 
;  specifically  national,  and  within  a  given  colony  to 
I  encourage  those  only  which  have  their  source  in 
-the  mother  country.  Others,  while  not  openly 
forbidden  —  though  even  this  policy  has  been 
frequently  suggested  —  are  often  obstructed  in 
their  work,  and  thus  driven  gradually  to  abandon 
the  field.  The  German  colonial  administrators  in 
Africa  claim  that  the  existence  of  English  missions 
is  not  favorable  to  the  firm  establishment  of  Ger- 
man rule,  and  advise  a  policy  of  cold  neutrahty. 
The  French  in  their  territories  in  northern  Africa 
show  a  similar  disinclination  to  harbor.  English  and 
American  missions  and  to  protect  them  in  their 
operations.  French  writers  are  unanimous  in 
their  indignation  at  the  poHtical  activities  of  the 

44 


MISSIONARY  WORK 

English  missions  in  Madagascar,  before  the  annexa- 
tion of  the  island  to  France  had  been  accomplished 
and  while  there  was  still  a  chance  for  the  establish- 
ment of  British  influence. 

With  respect  to  missionary  work,  native  popula-  \ 
tions  may  be  divided  into  two  classes :  those  who 
already  have  a  high  civilization,  such  as  the  East 
Indians  and  the  Chinese,  and  those  who  are  still  in 
a  state  of  barbarism  or  savagery.  Among  peoples 
of  the  former  class  the  actual  results  of  missionary 
work,  as  far  as  numbers  go,  are  inconsiderable. 
Under  such  conditions,  therefore,  the  colonizing 
state  cannot  utilize  the  work  of  the  missionaries 
for  the  purpose  of  obtaining  political  control  over 
the  native  population.  It  is  for  the  purpose  of 
gaining  a  foothold  in  the  country,  through  the 
right  of  protection  which  may  be  eventually  exer- 
cised as  against  the  native  government,  or  to  defeat 
claims  of  other  foreign  nations,  that  the  missions 
here  become  politically  important.  In  more  back- 
ward regions,  however,  the  way  for  the  achieve- 
ment of  direct  political  control  over  the  native 
peoples  is  often  effectually  prepared  by  mission- 
ary influence.  This  has  been  true  especially  of 
the  islands  of  Oceanica  and  of  many  regions  in 
Africa,  where  the  missionaries  obtained  an  ascen- 
dency over  the  native  populations  which  could 
easily  be  turned  into  control  exercised  by  political 
officials  and  magistrates. 

Another   factor  in  the  political  importance   of   ^ 
missions   is  that  in   the   great   struggle   between 

45 


\ 


\ 


COLONIAL   GOVERNMENT 

Islam  and  Christianity  which  is  being  waged 
throughout  Central  Africa,  the  missions  must  re- 
main the  principal  reliance  against  the  growth  of 
Moslem  ascendency.  On  all  its  boundaries  Islam 
is  steadily  advancing,  not  only  in  Central  Africa, 
but  also  in  Asia ;  moreover,  it  is  constantly  devel- 
oping an  internal  cohesion  which  may  in  time 
bring  the  Moslems  in  all  the  vast  region  from  the 
Niger  to  the  Ganges  into  a  conscious  unity  of  pur- 
pose. While  the  dangers  from  this  source  may 
easily  be  exaggerated,  as  the  radical  dissensions 
that  still  divide  the  Mohammedan  world  are  often 
overlooked,  it  is  nevertheless  a  question  which 
neither  French  nor  English  statesmen  are  inclined 
to  view  without  some  apprehension. 

There  can  be  little  doubt  that  the  success  and 
the  moral  authority  of  missions  is  being  jeopardized 
by  their  connection  with  politics,  and  by  the  polit- 
ical purposes  which,  often  against  their  will,  they 
are  made  to  subserve.  The  missionary  who  goes 
forth  unaided  to  face  countless  hardships,  and  to 
battle  against  the  hostility  of  nature  and  of  savage 
men,  merits  the  respect  of  all,  and  gives  the  best 
kind  of  guarantee  of  his  aims  and  intentions.  But 
when  the  State  stands  ready  to  turn  his  high-minded 
and  unselfish  heroism  into  a  source  of  material 
gain  to  itself,  and  to  make  use  of  it  for  purposes 
of  national  expansion,  there  is  danger  that  the 
missionary  may  lose  moral  power  and  be  looked 
upon  as  a  mere  political  emissary.  Moreover,  the 
unity   of  Christian  missionary   work   is    liable   to 

46 

/ 


MISSIONARY  WORK 

be  destroyed  by  having  its  field  of  work  broken 
up  arbitrarily  into  national  areas.  Tendencies 
such  as  these  should  be  earnestly  discouraged  in 
order  that  the  missions  may  retain  their  value  as 
agencies  of  redemption  and  improvement.  Mis- 
sionaries in  all  parts  of  the  world  are  voicing  their 
opposition  to  the  close  connection  of  missions  with 
politics,  which  destroys  the  confidence  of  the  natives 
and  robs  the  missionary  of  his  influence  as  a  pro- 
tector of  the  native  against  every  kind  of  exploita- 
tion. 

REFERENCES 

Alonzo,  A.  d\  La  Riissie  en  Palestine.     Paris,  1901. 
Arnold,  T.  W.,  The  Preaching  of  Islam.     London,  1897. 
Bryce,  James,  Iinpressions  of  South  Africa.    New  York,  1898. 

Ch.  XXI. 
Castries,  Henri  de,  LVslam.     Paris,  1897.     Chs.  VI. -VII. 
Deutscher    Kolonial-Kalendar    fur     igoi.       Berlin,     1900. 

Part  XII. 
Eckhardt,   V.,    "  Panislamismus    u.    islamitische    Mission." 

Deutsche  Rundschau^  98  :  61. 
Hunter,  Sir  W.  W.,   The  Indian  Empire.     London,   1892. 

Ch.  IX. 
Johnston,  Sir  H.  H.,  A  History  of  the  Colonizaticm  of  Africa 

by  Alien  Races.     Cambridge,  1899.     Ch.  VIII. 
La  France  ait  dehors :  Les  Missions  catholiques  franqaises  au 

XIX^  sikle,  publiees  sous  la  direction  du  PlreJ.-P.  Piolety 

S.f.     Paris,  1901-1902. 
Lamy,  E.,  La  France  du  Levafit.     Paris,  1900. 
Le  Chatelier,  A.,  LVslajn  dan^  VAfrique  occidentale.     Paris, 

1899.  i^ 

Leroy-Beaulieu,  P.,  De  la  Colonisation  chez  les  peuples  mo- 

dernes.     Paris,  1898.     pp.  818-823. 

47 


COLONIAL   GOVERNMENT 

Longridge,  George,  A   Histoiy  of  the    Oxford  Mission  to 

Calcutta.     London,  1900. 
Massieu,  L,  D Indo-Chine.     Paris,  1901,  Pt.  V. 
Mockler-Ferryman,   A.  F.,  British   West  Africa.      London, 

1900.     Ch.  XX. 
Monier-Williams,  Sir  W.,  Modern  India  and  the  Indians. 

London,  1891.     pp.  225-262. 
Noble,  F.  P.,  The  Redemptio7i  of  Africa.     New  York,  1899. 
Robinson,  C.  H.,  Nigeria^  Onr  Latest  Protectorate.     London, 

1900.     Chs.  VIIL  and  XIIL 
Samuelson,  James,  Itidia,  Past  and  Present.     London,  1890. 

Ch.  XV. 
Schmidt,    R.,   Deutschlands   Kolonien.      Berlin,    1 895-1 896. 

Vol.  II.,  pp.  51  sq. 
Segard,  A.,  "  Notre  CEuvre  en  Orient."    Revue  Bletiey  Decem- 
ber 7,  1901. 
Vignon,    L.,    V Expansion    de    la    France.       Paris,    1891. 

pp.  309  sq. 
White,  A.  S.,  The  Development  of  Africa.     London,  1890. 

Ch.  V. 


48 


CHAPTER   IV 

INDIVIDUAL     ENTERPRISE,     EXPLORATION,     AND 
ADVENTURE 

The  spirit  of  adventure  has  always  been  most 
prominent  among  the  motives  that  impel  men  to 
seek  new  fields  of  activity  through  colonial  enter- 
prise. Thus  it  was  among  the  conquistadores  and 
sea  rovers  who  led  the  way  in  the  earlier  move- 
ment ;  thus  is  it  to-day  among  the  forerunners  and 
advance  guards  of  national  expansion.  When  in 
the  great  feudal  wars  of  the  fifteenth  century  the 
modern  nations  had  been  moulded,  the  abundance 
of  a  youthful  energy  sent  the  men  of  Europe  out  to 
explore  and  conquer  new  realms.  The  same  spirit 
is  manifested  again  at  the  present  time.  After  a 
century  of  domestic  development,  of  European 
warfare  and  struggle,  the  family  of  nations  has 
been  completed,  and  again  adventuresome  men  go 
abroad  to  subdue  and  render  useful  to  themselves 
regions  which  even  twenty  years  ago  v/ere  absolute 
blanks  on  the  map.  The  Old  World  has  become 
too  narrow,  and  its  restless  spirits  seek  other 
theatres  of  action,  where  opportunities  are  more 
alluring  and  where  conventionalities  less  fetter 
their  adventuresome  inclinations.  They  go  forth 
E  49 


COLONIAL   GOVERNMENT 

to  explore  the  wilds  of  Central  Asia  and  Africa, 
to  conquer  warlike  tribes,  and  to  establish  great 
industries  and  settled  government. 

Among  all  classes  of  Europeans  great  interest 
is  felt  in  this  movement,  but  among  none  of  them 

w  is  it  so  strong  as  with  the  nobility.  Their  latent 
sense  of  adventure  is  stirred,  and  they  see  the 
opportunity  of  regaining  in  new  fields  the  impor- 
tance and  power  which  has  been  slipping  away 
from  them  in  European  affairs.  In  the  societies 
for  the  advancement  of  colonial  interests  and  for 
the  study  of  colonial  problems,  such  as  the  Interna- 
tional Colonial  Institute  of  Brussels,  members  of 
the  nobility  always  take  a  prominent  part;  and 
though  the  greatest  leaders  in  colonial  achieve- 
ment—  men    like    Rajah    Brooke,   Cecil   Rhodes, 

/  Lord  Cromer,  Sir  George  Taubman  Goldie,  and 
Sir  Bartle  Frere  —  have  sprung  from  the  middle 
classes,  still,  among  those  who  are  engaged  in 
colonial  enterprise  a  remarkable  number  is  com- 
posed of  the  "  younger  sons  "  of  noble  houses.  Mr. 
Labouchere  has  accordingly  taken  great  delight  in 
being  able  sarcastically  to  characterize  the  whole 
movement  as  **  outdoor  relief  for  the  nobility." 

VThe  desire  for  geographical  exploration  has  been 
a  strong  motive  from  the  earliest  navigators,  who 
thirsted  for  a  knowledge  of  unknown  worlds,  down 
to  the  most  recent  travellers  in  Africa.  Of  late  the 
achievements  of  such  men  as  Livingstone,  Stanley, 
■  and  Nachtigal  have  done  more  than  anything  else 
to  interest  the  entire  world  in  the  life  and  character 

50 


INDIVIDUAL   ENTERPRISE 

of  new  regions.  Explorations  of  this  nature  have 
not  infrequently  led  also  to  consequences  which 
were  more  directly  political.  The  French  explorers 
of  northern  Africa,  together  with  the  missionaries, 
prepared  the  way  for  a  sweeping  political  occupa- 
tion. Indeed,  in  many  cases  the  scientific  work  of 
an  expedition  of  this  kind  is  merely  a  veil  to  its  true 
political  purpose.  Thus  the  "  scientific  mission  " 
of  the  Russian  Captain  Leontieff  to  Abyssinia  in  \/^ 
1894  was  immediately  recognized  as  having  a 
political  aim. 

The  German  nation  has  produced  many  prom- 
inent travellers,  explorers,  and  geographers. 
From  Humboldt  and  Ritter  down  to  Major  v.  * 
Wissman  and  Dr.  Gerhard  Rohlfs,  these  men  have 
been  filled  with  an  intense  enthusiasm  for  explora- 
tion. They  have  prepared  the  German  people  for 
the  entry  into  colonial  politics,  and  have  awak- 
ened among  them  a  deep  interest  in  transmarine 
countries  and  affairs.  The  joy  of  becoming  famil- 
iar with  strange  civilizations  in  far-away  regions 
animates  even  the  most  modest  clerk  who  joins  the 
forces  of  a  German  colonial  or  foreign  mercantile 
establishment.^ 

In  many  cases  the  energies  of  the  adventurer 
are  given  direction  by  some  other  purpose,  such  as 
the  gaining  of  wealth,  or  the  acquisition  of  political 
power.     The  great  explorer  La  Salle  is  one  of  the 

1  Joubert  says  in  his  Pensees :  "  Propose  a  conquest  to  the  Spanish, 
enterprise  to  the  English,  discovery  to  the  German,  profit  to  the 
Dutch,  and  dashing  success  to  the  French." 

51 


1/ 


COLONIAL   GOVERNMENT 

most  ideal  figures  among  this  class  of  men.  More 
directly  political  were  the  activities  of  De  Soto, 
Pizarro,  and  Cortez,  who,  with  all  their  soldierly 
and  political  ambitions,  were  imperiously  urged  on 
by  an  insatiable  thirst  for  gold.  These  men  stood 
high  in  royal  grace  and  official  position ;  yet 
they  were  doing  the  same  work  and  were  animated 
by  the  same  motives  as  the  lawless  Buccaneers 
who  did  so  much  to  establish  French  and  EngUsh 
power  in  the  West  Indies.  The  founders  of 
British  empire  in  Asia  and  Africa  were  engaged 
primarily  in  trade  and  exploitation.  They,  too, 
were  not  always  over-scrupulous  in  their  choice  of 
means.  Sir  Josiah  Child  resorted  to  very  question- 
able methods  in  his  attempts  to  infuse  life  into  the 
declining  body  of  the  old  East  India  Company ; 
while  Warren  Hastings  became  a  victim  to  the 
sentiment  of  disapproval  which  the  policy  he  had 
found  necessary,  provoked  in  England.  Sir  Stam- 
ford Raffles  and  Sir  Andrew  Clarke,  the  men  who 
gave  England  her  hold  in  the  farthest  Orient,  Sir 
George  T.  Goldie  and  Cecil  Rhodes,  the  builders 
of  empire  in  Africa,  belong  also  to  this  type  of 
men,  on  account  of  their  unfailing  resourceful- 
ness, their  personal  power  and  fearless  initiative, 
and  their  readiness  to  assume  great  risks.  In 
general  their  methods  have  been  more  scrupulous 
than  those  of  the  earlier  pioneers,  although  this 
cannot  be  said  of  all  of  them. 

Another   class   of    adventuresome   spirits,   who 
have  been  a  potent  force  in  building  up  the  em- 

5* 


INDIVIDUAL   ENTERPRISE 

pires  of  to-day,  are  the  military  men,  who,  sta- 
tioned at  frontier  outposts,  allow  their  ambition  to 
carry  them  into  undertakings  for  which  they  as- 
sume the  sole  responsibility  if  unsuccessful,  but 
which,  should  they  succeed,  will  readily  be  ratified 
by  a  grateful  home  government.  Of  this  nature 
was  the  activity  of  the  French  officers  in  North  j^ 
and  West  Africa,  —  Faidherbe,  the  Count  de 
Brazza,  and  their  associates  and  successors,  — 
who,  combining  the  explorer's  longing  with  the 
enthusiasm  for  national  expansion,  pushed  out  the 
French  frontier  farther  and  farther,  until  it  in- 
cluded the  greater  part  of  northern  Africa.  For 
England,  great  and  lasting  results  have  been 
achieved  by  such  men  as  Rajah  Brooke,  who  by?-^ 
single-handed  effort  created  for  himself  an  empire 
on  the  island  of  Borneo  through  successful  military 
services  to  the  Sultan  ;  and  Sir  William  Sandeman,  * 
who  gradually  extended  British  dominion  over 
many  frontier  tribes  of  Baluchistan  and  Afghan- 
istan without  offending  native  susceptibilities,  and 
thus  fortified  the  Indian  Empire  where  it  had  been 
weakest. 

But  it  is  especially  the  Russian  military  men  who 
have  won  for  their  country  great  stretches  of  new 
territory  by  their  own  unauthorized  initiative.  In 
this  manner  Muravieff  Amurski  acquired  for  Rus-  ir 
sia  the  vast  region  which  was  formerly  northern 
Manchuria  and  is  now  the  Amur  Province;  he 
acted  entirely  without  authority,  and  it  was  some 
time  before  the  Russian  government  decided  to 

53 


COLONIAL   GOVERNMENT 

ratify  his  action.  The  officers  in  Central  Asia 
have  been  even  bolder  in  their  advance.  When 
Chernaieff  was  besieging  Tashkent,  he  received  a 
despatch  from  Czar  Alexander  IL  Guessing  that 
it  contained  the  command  of  the  peace-loving 
monarch  for  raising  the  siege,  he  pocketed  the 
message  unread,  made  another  and  successful 
assault  upon  the  city,  and  when  he  had  entered 
it,  wrote  the  Czar  that  his  order  had  arrived  too 
late.  Although  he  was  deprived  of  his  command 
on  account  of  insubordination,  his  achievement  was 
of  the  greatest  assistance  in  laying  the  foundation 
of  the  Russian  power  in  Central  Asia.  Skobeleff  i 
and  Kurapatkin  acted  in  a  similar  spirit  of  self- 
reliance  and  independence,  when  they  were  plan- 
ning and  executing  the  final  conquest  of  the 
Turkomans. 

In  such  various  ways  individual  enterprise  has 
carried  on  explorations  and  broken  paths  so  that 
settled  and  orderly  relations  of  commerce  and 
political  control  could  be  established.  The  State 
has  usually  held  back,  not  wishing  to  place  itself 
in  a  questionable  and  risky  situation.  Bold  and  ^ 
enterprising  individuals  have  thus  often  succeeded 
in  achieving  for  the  State  a  position  which  it  could 
assume  without  danger  to  itself,  and  from  which  it 
could  draw  the  greatest  advantages.  This  is  the 
normal  progress  of  national  expansion.  Adven- \ 
turesome  individuals  act  as  outposts  to  prepare  the 
way  for  a  steady  current  of  trade  communication ; 
finally,    when    interests    of    sufficient    magnitude 

54 


INDIVIDUAL   ENTERPRISE 

have  been  established,  the  State  appears  as  a  pro- 
"tecting  power.  As  will  be  developed  more  fully- 
later  on,  this  older  method  has  of  late  in  many- 
cases  been  reversed,  and  under  the  pohcy  of 
"staking  out  claims  for  posterity,"  State  action, 
with  all  its  crudeness  and  inflexibility,  has  taken 
the  place  of  individual  enterprise. 


REFERENCES 

Boulger,  D.  C,  Life  of  Sir  Stamford  Raffles .    London,  1897 
Broadley,  A.  M.,  Tunis ^  Past  and  Present.     Edinburgh,  1882 

PP-  394-396. 
Bruce,  R.  L,  The  Frontier  Policy  and  its  Results.     London 

1900. 
Brumel,  H.,  LEtat  et  Vindividu  dans  la  colonisation  fran 

qaise  inoderne.     Paris,  1898. 
Q2&2x€i^V.,Les  Colonies  franqaises.     Paris,  1899.     Ch.  VII 
Hamelle,  P.,  Homines  et  choses  d''outre-mer.     Paris,  1899 

"  Un  Anglais  d'aujourd'hui." 
Hassert,  K.,  Deutschlands  Kolonien.    Leipzig,  1898.    pp.  1-77 
Johnston,  Sir  H.  H.,  A  History  of  the  Colonization  of  Africa 

Cambridge,  1899.     Ch.  X. 
Keltie,   J.    S.,    The  Partition  of  Africa.       London,   1893. 

Chs.  IX.-X. 
Leroy-Beaulieu,  P.,  "Le  Chemin-de-fer  transsaharien."      In 

Revtie  de  deux  mojides,  July,  1899. 
Malleterre,    Commandant,    "Les    Cosaques    et    I'expansion 

russe."     Revue  de  ge'ographie,]2ijm2iYy,  1902. 
Mockler-Ferryman,  A.   F.,  British  West  Africa.      London, 

1900.     Chs.  X.-XI. 
Peters,   Dr.   Carl.      Die   deutsche   Emiti-Pascha-Expedition. 

Munchen,  1891. 
Portal,  Sir  G.  H.,  The  Mission  to  Ugatida  in  i8gj.     London, 

1894. 

55 


COLONIAL  GOVERNMENT 

St.  John,  Sir  S.,  Life  of  Sir  Charles  Brooke^  Rajah  of  Sara- 
wak.    London,  1879. 

Skrine  and  Ross,  The  Heart  of  Asia.     London,  1899. 

Supan,  A.,  "Ein  Jahrhundert  afrikanischer  Forschung," 
PeternianrH' s  Mitteilnngen.     1888. 

Thomson,  H.  C,  Rhodesia  and  its  Government.  London, 
1898.     Ch.  XXL 

Vigndras,  S.,  Une  Mission  frangaise  en  Abyssinie.  Paris, 
1897. 

Worsfold,  W.  B.,  ^  Visit  to  Java.     London,  1893.     Ch.  XV. 

Zimmermann,  Dr.  A.,  Die  europdischen  Kolo7iien.  Berlin, 
1896-1901.     Vol.  L,  pp.  1-15  ;  Vol.  IV.,  pp.  361-401. 


56 


CHAPTER  V 

COMMERCE   AND   COMMUNICATION 

I 

It  is  of  some  importance  to  determine  how  far 
the  desire  for  the  establishment  of  commercial 
relations  has  been  a  primary  motive  in  the  coloniz- 
ing activities  of  the  European  nations.  Regular 
commercial  intercourse  with  countries  of  a  low  po- 
litical organization  does  not  necessarily  lead  to  politi- 
cal consequences,  nor  does  the  extension  of  political 
influence  over  such  regions  proceed  always  from 
the  purpose  of  creating  new  outlets  for  trade  and 
industry.  Still,  the  politics  of  colonization  in- 
volve commercial  considerations  to  such  an  extent 
that  it  becomes  necessary  to  fix  the  relations  of  the 
two  to  each  other.  While  the  scope  of  this  treatise 
does  not  include  a  discussion  of  commercial  policies, 
it  calls  for  an  inquiry  as  to  how  far  commercial 
motives  have  in  the  past  actually  induced  nations 
to  colonize,  and  also  to  what  an  extent  the  present 
movement  of  colonial  expansion  is  connected  with 
the  search  for  new  markets. 

The  early  Spanish  colonial  leaders  had  but  little 
desire  to  establish  bona  fide  commerce;  it  was 
rather  their  effort  to  acquire  in  the  shortest  pos- 

57 


COLONIAL   GOVERNMENT 

sible  time  the  gold  and  other  precious  products  of 
the  American  mines.  Although  a  certain  kind  of 
commerce  grew  out  of  this  exploitation,  it  was  not 
allowed  to  develop  naturally,  and  remained  a  narrow 
monopoly  of  the  crown.  Portuguese  colonial  enter- 
prise was  far  more  commercial  in  character,  partly 
because  the  Portuguese  took  more  readily  to  sea- 
faring than  did  the  Spaniards,  partly  on  account 
of  the  special  opportunities  afforded  by  the  re- 
gions in  which  the  Portuguese  colonized.  Their 
relations  were  chiefly  with  the  Orient,  the  many 
valuable  products  of  which  naturally  led  to  a 
diversified  commerce.  Holland  had  already  devel- 
oped a  complete  commercial  system  and  a  European 
carrying  trade  before  she  entered  upon  the  acquisi- 
tion of  territorial  possessions.  When  the  power  of 
the  Portuguese  waned,  and  the  Dutch  had  become 
their  successors,  they  treated  their  opportunities  in 
as  narrowly  commercial  a  spirit  as  that  of  the 
Carthaginians.  They  looked  upon  their  colonies 
simply  as  a  basis  for  profitable  trade,  and  their 
lack  of  a  true  perspective  and  of  effective  political 
action  lost  them  Ceylon  and  the  Cape  of  Good 
Hope.  In  their  commercial  methods  they  did  not, 
however,  employ  the  crown  monopoly,  but  the 
chartered  company  composed  of  private  stock- 
holders. In  this  manner  they  were  enabled  to 
engage  the  accumulated  wealth  of  their  country  in 
the  work  of  colonization.  But  in  the  exclusiveness 
of  monopoKstic  privileges  they,  too,  went  as  far  as 
legislation  could  go. 

58 


COMMERCE   AND   COMMUNICATION 

The  French,  during  the  early  period  of  modern  t 
colonization,  showed  great  aptitude  for  commercial 
enterprise.  The  Breton  fisherman  on  the  banks 
of  Newfoundland,  and  the  couretcrs  de  bois,  who 
tracked  the  pathless  forests  of  the  American  conti- 
nent, were,  together  with  the  French  missionaries, 
the  first  forerunners  of  the  permanent  occupation 
of  the  New  World  by  Europeans.  Had  it  not  been 
for  the  weakening  of  France  by  the  expulsion  of 
the  Huguenots,  and  for  the  hopeless  corruption  of 
the  royal  government  which  left  it  no  strength  for, 
and  no  interest  in,  the  enterprises  of  the  great  col- 
onizers, France  would  have  fought  a  much  stronger 
battle  for  primacy  in  colonial  affairs.  The  French 
Revolution  was  not  the  most  calamitous  result  of 
the  abuses  of  the  French  government ;  that  must 
be  looked  for  in  the  loss  by  France  of  her  position 
as  a  world  empire. 

The  English  appeared  on  the  scene  at  a  time 
when  they  could  reap  the  fruits  of  the  experience 
gathered  by  the  other  nations.  In  India  they 
superseded  the  French  and  the  Portuguese,  in 
Ceylon  the  Dutch,  in  Canada  the  French.  The  ^ 
greater  part  of  the  British  Empire  was  acquired 
with  the  assistance  of  merchant  adventurers  :  they 
set  in  motion  the  stream  of  colonists  which  flowed 
into  North  America,  they  organized  the  great 
company  that  gave  England  control  of  India.  The 
latter  country  is  of  all  colonial  dependencies  the 
best  instance  of  a  possession  acquired  through 
the  sole  initiative  of  commerce. 

59 


COLONIAL   GOVERNMENT 

Throughout  this  earlier  period  the  scope  and 
character  of  colonial  commerce  was  entirely  unlike 
that  of  the  present.  The  purpose  which  animated 
the  European  merchant  was  not  so  much  to  dis- 
cover or  create  a  market  for  manufactured  goods, 
as  to  obtain  the  valuable  produce  of  the  rich  regions 
beyond  the  seas.  To-day  the  primary  object  is 
the  search  for  markets,  and  the  chief  purpose  of 
commercial  expansion  has  come  to  be  the  desire 
to  dispose  of  the  surplus  product  of  European  in- 
dustry. The  emphasis  has  shifted  from  what 
could  be  obtained  of  the  natives  to  what  can  be 
sold  to  them. 

For  the  above  reason  the  commercial  policy  of 
the  seventeenth  and  eighteenth  centuries  did  not  aim 
so  much  to  encourage  the  development  of  the  col- 
onies in  order  that  they  might  become  better  pur- 
chasers, as  to  make  sure  that  all  the  produce  of  the 
colonies  should  be  shipped  to  the  mother  country, 
if  the  latter  could  profitably  employ  it.  After  the 
American  colonies  had  freed  themselves  from  this 
system  by  revolution,  they  continued  to  purchase 
British  goods  in  constantly  increasing  quantities. 
This  most  striking  object  lesson  was,  however,  not 
heeded  by  Europe,  for  the  Navigation  Law  system 
as  well  as  the  French  Facte  Colonial'^  were  adhered 
to  till  long  after.  When  finally,  about  the  middle 
of  the  last  century,  the  sentiment  of  free  trade 
grew  so  strong  that  these  restrictive  systems  were 

1  The  granting  of  exclusive  privileges  to  the  mother  country  in 
the  colonial  markets,  with  favorable  treatment  of  colonial  imports. 

60 


COMMERCE   AND   COMMUNICATION 

abolished,  there  also  came  the  era  of  apathy 
toward  the  colonies  which  we  have  already  dis- 
cussed. The  assurance  of  commercial  gain  and  of 
exclusive  commercial  privileges  seemed  to  most 
men  of  that  period  the  only  true  basis  for  national 
expenditure  on  colonies.  This  condition  having 
failed,  they  saw  no  further  reason  why  a  state 
should  desire  colonial  possessions. 

At  the  present  time  the  tendency  of  commercial 
policy  is  again  toward  greater  restriction.  Hence, 
in  the  discussion  of  colonial  affairs,  the  commercial 
side  is  always  emphasized.  This  is  due  chiefly  to 
the  fear  of  a  returning  exclusiveness,  such  as  is 
exemplified  in  the  policy  of  France  and  Russia. 
Were  the  world  to  be  divided  up  into  a  number  of 
mutually  exclusive,  trade-tight  compartments,  each 
nation  would  as  a  matter  of  self-preservation  feel 
compelled  to  occupy  as  much  as  possible  of  the 
still  available  territory.  Whether,  unless  such  a 
policy  were  actually  impending,  the  advantages 
accruing  from  a  mere  possession  of  territory 
would  confer  an  adequate  advantage  to  justify  the 
great  expenditure  of  energy  and  wealth  now  in- 
curred for  this  purpose,  is  questionable.  While 
we  cannot  discuss  in  detail  the  volume  of  colonial 
trade  and  the  actual  commercial  relations  existing 
between  the  colonies  and  the  mother  country,  we 
must  briefly  investigate  the  problem  as  to  how  far 
commercial  advantages  may  be  said  to  result  to 
the  mother  country  from  the  political  control  of 
dependent  territory. 

6i 


COLONIAL   GOVERNMENT 

In  discussions  of  the  question  as  to  how  far 
trade  follows  the  flag,  three  kinds  of  statistics  are 
used ;  and  according  to  the  impression  left  by  the 
class  of  data  employed,  people  are  inclined  now  to 
value  the  commercial  importance  of  colonies  very 
highly,  now  to  dispute  it  altogether.  When  the 
total  volume  of  colonial  trade  is  compared  with 
the  entire  commerce  of  the  world,  it  seems  com- 
paratively insignificant.  Thus,  for  the  period  from 
1892  to  1896,  the  colonial  trade  amounted  to  only 
1 1.6  per  cent  of  the  total  recorded  trade  of  the 
world.  The  conclusion  which  is  to  be  drawn  from 
these  figures  is  that  the  trade  among  the  great  civ- 
ilized nations  is  of  so  much  greater  volume  and 
importance  than  the  total  of  colonial  trade  that  it 
should  be  the  first  purpose  of  intelligent  states- 
manship to  foster  friendly  and  stable  relations 
among  the  great  powers ;  and  that  a  policy  which 
would  endanger  the  participation  of  a  country  in 
the  great  market  of  the  civilized  nations,  in  order 
to  acquire  a  petty  market  among  savage,  or  semi- 
civilized  races,  would  be  nothing  less  than  self- 
destructive  folly.  The"  economic  welfare  of  the 
world  depends  chiefly  upon  the  continued  indus- 
trial efficiency  of  the  great  nations,  and  upon  the 
maintenance  of  such  relations  between  them  as 
will  prevent  the  wasting  of  energies  upon  unpro- 
ductive expenditures.  Where  the  true  economic 
interests  of  a  country  lie  may  be  seen,  in  the  case 
of  France,  from  the  statement  that  her  entire  colo- 
nial  commerce  in  1897  amounted  to  but  9.8  per 

62 


COMMERCE   AND   COMMUNICATION 

cent  of  the  total ;  and  while  her  exports  to  Eng- 
land were  valued  at  1443  million  francs,  and  to 
Germany  at  443  million  francs,  the  figures  in  the 
case  of  Algeria  and  of  Indo-China  were  only  235 
and  31  million  francs  respectively.  During  the 
decade  between  1887  and  1897,  a  period  of  great 
colonial  activity  with  the  French,  the  proportion 
of  the  colonial  to  the  total  trade  of  France  in- 
creased by  only  3.5  per  cent. 

When,  however,  we  look  at  commerce  from  the 
point  of  view  of  the  colonies  themselves  and  deter- 
mine the  share  in  colonial  trade  which  falls  to  the 
mother  country,  we  find  that  it  constitutes  a  very 
considerable  part  of  the  totals.  Thus,  for  instance,  \j 
30  per  cent  of  the  trade  of  Indo-China,  83.7  per 
cent  of  the  trade  of  Algeria,  and  57.9  per  cent  of 
that  of  Tunis,  are  with  France.  Great  Britain 
enjoys  52  per  cent  of  the  trade  of  British  Guiana, 
62  per  cent  in  Natal,  44  per  cent  in  Canada  (33 
per  cent  of  imports,  55  per  cent  of  exports),  69.5 
per  cent  in  Australia,  and  53  per  cent  in  India. 
Seventy  per  cent  of  the  trade  of  Southwest  Africa 
is  with  Germany.  The  proportion  of  French 
trade  to  the  total  in  Indo-China  has  risen  from  16 
per  cent  in  1890  to  30  per  cent  in  1899;  in  1886 
the  imports  amounted  to  85  million  francs,  of 
which  80  per  cent  were  from  foreign  sources ;  in 
1898  the  imports  were  valued  at  102  milHon  francs, 
while  the  foreign  percentage  had  fallen  to  56  per 
cent.  French  imports  into  Indo-China  had  risen 
from  15  million  francs  in  1886  to  44  million  francs 

63 


COLONIAL   GOVERNMENT 


in  1898.  On  the  other  hand,  however,  the  imports 
of  Great  Britain  into  Cape  Colony  fell  off  from 
81.7  per  cent  in  1891  to  71  per  cent  in  1897,  while 
in  Natal  the  decrease  between  the  years  1892  and 
1899  was  from  78  to  65  per  cent. 

The  third  kind  of  statistics  which  is  used  in 
arguments  and  discussions  concerning  colonial 
trade  shows  the  per  capita  consumption  of  imported 
goods  by  the  inhabitants  of  colonies  and  of  foreign 
countries.  It  is  thus  made  clear  that,  man  for  man, 
the  inhabitants  of  a  colony,  as  a  rule,  buy  more  of 
the  mother  country  than  the  people  in  foreign 
lands.  The  per  capita  consumption  of  British 
goods  by  the  people  of  various  colonies  and  for- 
eign countries  in  1900  is  given  below  :  — 


Victoria .... 
New  South  Wales 
Western  Australia 
All  Australia  .  . 
Cape  Colony  .  . 
New  Zealand  .  . 
United  States  .  . 
Germany     .     .     . 


$28.59 

Chile.     . 

35-75 

Canada  . 

58.98 

Natal      . 

32.87 

India      . 

22.52 

France    . 

38.81 

Russia    . 

1.46 

Argentina 

2.40 

Mexico  . 

$5.60 

8.39 

17.97 

.50 

2.52 

.41 
7.26 

.72 


It  has  been  computed  that  the  per  capita  con- 
sumption of  British  goods  in  all  the  British  colo- 
nies is  $15.81,  while  for  all  non-British  countries  it 
is  only  $3.64.  On  account  of  the  difficulty  of  de- 
termining the  exact  population  of  many  regions, 
these  last  figures  can,  however,  be  only  approxi- 
mately correct.  The  per  capita  figures  given  above 
show  that,  notwithstanding   the  extreme   poverty 

64 


COMMERCE   AND   COMMUNICATION 

which  prevails  among  the  inhabitants  of  India, 
they  still  are  better  customers,  as  far  as  Great 
Britain  is  concerned,  than  are  the  subjects  of  the 
Czar.  Similarly,  the  Canadians  individually  buy 
over  five  times  as  much  of  England  as  do  the 
people  of  the  United  States.  The  strength  of  the 
argument  that  can  be  made  from  these  statistics 
is  somewhat  impaired  by  the  high  per  capita  figures 
in  the  case  of  the  South  American  states.  Though 
they  are  not  colonies  of  Great  Britain,  the  English 
have  there  been  able  to  build  up  a  very  remunera- 
tive trade. 

If  we  were  asked  to  summarize  the  conclusions 
presented  by  these  three  kinds  of  statistics,  we 
might  say  that  political  control  must  certainly  give 
the  mother  country  some  advantage  in  colonial 
trade,  else  the  per  capita  figures  could  not  be  rela- 
tively so  high  in  the  case  of  colonies  and  depen- 
dencies. From  the  point  of  view  of  the  latter, 
moreover,  trade  relations  with  the  mother  country 
are  of  great  importance,  as  they  embrace  on  the 
average  over  half  the  entire  trade  of  the  colo- 
nies. But  when  we  look  at  the  sum  total  of  the 
commercial  interests  of  any  great  European  power, 
the  colonial  trade  cannot  be  given  such  importance 
that  it  could  for  a  moment  seem  wise  to  neglect 
the  commercial  relations  with  other  highly  civilized 
nations  in  its  behalf. 

When  we  ask  for  the  special  causes  which  lie  at 
the  root  of  the  phenomenon  of  the  high  colonial 
per  capita  rate,  we  must,  of  course,  discard  the  idea 
F  65 


COLONIAL   GOVERNMENT 

that  the  mere  exertion  of  bare  political  sovereignty 
can  permanently  influence  currents  of  trade.  It 
is  rather  the  accessories  of  political  power,  the 
things  which  it  impUes  and  which  usually  go  with 
it,  that  render  the  colonies  great  markets  for  the 
mother  country.  In  the  first  place,  there  is  the 
community  of  customs  and  fashions  which  makes 
the  colonists  demand  goods  manufactured  in  the 
home  country  ;  there  is  also  the  community  of  lan- 
guage and  of  laws  which  renders  the  establishment 
of  financial  institutions  and  of  business  relation- 
ships comparatively  easy.  In  exploitation  colonies 
the  tastes  and  habits  of  the  ruling  class  will  have 
a  great  influence  upon  the  indigenous  population, 
and  will  induce  them  to  ask  for  things  the  need  of 
which  they  have  not  felt  before. 

These  influences  and  tendencies  will,  however, 
gradually  grow  weaker,  as  a  colony  grows  older 
and  more  self-sufficing,  and  it  will  then  allow  more 
purely  economic  causes  to  determine  in  large  part 
its  trade  relations.  This  fact  is  brought  out  very 
clearly  in  the  statements  addressed  to  Secretary 
Chamberlain  by  the  British  colonial  governors  in 
reply  to  his  circular  letter  of  1895,  in  which  he 
made  inquiry,  to  what  extent  and  on  account  of 
what  causes  foreign  goods  were  displacing  British 
manufactures  in  the  colonies.  The  replies  contain 
much  interesting  and  valuable  information  on  the 
condition  of  colonial  trade,  and  throw  much  light 
on  the  commercial  methods  of  the  various  nations. 
The  general  impression  gained  from  these  reports 

66 


COMMERCE   AND   COMMUNICATION 

is  that,  while  Great  Britain  is  losing  trade  relatively, 
she  is  still  very  far  in  the  lead,  and  that  the  figures 
which  are  constantly  published  concerning  the 
reputed  increase  of  foreign  trade  with  the  colo- 
nies lose  much  of  their  terror  for  England  when 
we  remember  with  what  a  small  trade  the  other 
nations  began  a  few  decades  ago.  Thus,  an  in- 
crease of  the  foreign  trade  with  Cape  Colony  of 
463  per  cent  is  somewhat  less  alarming  when  stated 
in  the  terms  that  foreign  trade  in  1887  was  5  per 
cent,  in  1897  23  per  cent  of  the  total.  Still,  the 
significance  of  these  percentages  of  increase  and 
decrease  is  undoubtedly  great ;  but  they  indicate, 
not  so  much  that  Great  Britain  is  being  hopelessly 
outdistanced  by  her  rivals,  as  that  the  latter  are 
beginning  to  claim  their  proper  share  in  the 
world's  trade.  And  they  are  also  claiming  their 
share  in  the  trade  of  the  British  colonies,  in  defi- 
ance of  the  principle  that  trade  must  follow  the 
flag. 

The  governors  report  quite  generally  a  relative 
increase  in  the  importation  of  foreign,  and  espe- 
cially German  goods.  This,  however,  they  account 
for  partly  by  the  provisions  of  the  British  ''  Mer- 
chandise Marks  Act,"  which  requires  all  articles  to 
be  marked  with  the  name  of  the  country  of  origin. 
Formerly  imported  from  England  and  counted  as 
British  goods,  many  articles  are  now,  when  their 
true  origin  has  become  known,  imported  directly 
from  the  country  of  manufacture.  Furthermore, 
according  to  the  testimony  of  many  governors,  the 

67 


COLONIAL   GOVERNMENT 

British  are  too  conservative  in  their  methods,  refuse 
to  modify  the  style  of  their  goods,  continue  to  send 
out  circulars  which  remain  unread,  and  adhere  to 
very  stringent  and  uniform  rules  in  allowing  credit. 
Other  nations,  especially  the  Germans,  establish 
personal  relations  with  their  customers  through  the 
liberal  employment  of  travelHng  men ;  they  are, 
accordingly,  enabled  to  make  far  more  flexible 
credit  arrangements,  as  they  know  the  character 
of  their  debtors ;  they  also  make  note  of  any  pecu- 
liarities of  the  native  tastes,  and  modify  their  manu- 
factures accordingly.  They  are  ready  to  fill  the 
demand  for  cheap  and  showy  goods,  while  the 
British  continue  to  rely  on  quality.  Of  the  utmost 
importance  also  are  adequate  banking  facilities, 
and  means  of  frequent  and  regular  communication, 
all  of  which  the  Germans  have  exerted  themselves 
to  establish.  The  facts  brought  out  in  these  re- 
ports show  that  while  there  is  undoubtedly  some 
truth  in  the  adage  of  trade  following  the  flag,  it 
will  not  do  to  use  it  as  a  "  pillow  to  go  to  sleep  on 
in  a  benign  feeling  of  security";  nor,  it  may  be 
added,  is  this  principle  of  such  unfailing  virtue 
that  it  would  justify  the  expenditure  of  large  sums 
in  acquiring  colonial  possessions  in  the  expectation 
of  assured  future  returns. 

The  only  manner  in  which  political  control  can 
be  made  synonymous  with  commercial  monopoly 
is  through  the  use  of  an  exclusive  system  of  high 
tariffs.     And  the  fear  that  such  a  policy  is  now  iny 
the  ascendant  is  chiefly  responsible  for  the  great 

68 


COMMERCE   AND   COMMUNICATION 

scramble  for  territorial  possessions  which  we  have 
recently  witnessed.  The  only  safety  from  being 
shut  out  seems  to  lie  in  being  on  the  ground  first, 
and  yourself  building  any  walls  that  are  to  be 
erected.  Let  us,  however,  examine  the  prospects 
of  this  policy  of  commercial  exclusiveness.  Thus 
far,  two  powers  only  in  recent  times  have  used  it 
in  their  dependencies  —  Russia  and  France.  As 
the  possessions  of  Russia  are  assimilated  to  the 
national  territory  in  all  respects,  and  as  the  policy 
of  Russia  is  not  one  of  fostering  or  seeking  for 
international  trade,  but  of  securing  complete  com- 
mercial and  industrial  self-sufficiency  within  the 
nation  itself,  this  policy  must  be  judged  from  the 
basis  of  national,  rather  than  from  that  of  colonial 
politics. 

France,  however,  deliberately  takes  up  colonies, 
entirely  separate  and  distinct  from  her  national 
territory,  and  since  1892,  enforces  within  them 
the  full  rates  of  the  French  protective  tariff.  In 
the  protectorate  of  Tunis,  French  goods  also  re- 
ceive highly  preferential  treatment.  Now,  though  |/ 
French  imports  into  the  colonies  have  increased,  it 
would  be  very  difficult  to  prove  that  France,  as  a 
nation,  has  benefited  from  this  policy.  In  other 
parts  of  the  world  her  trade  has  been  stationary 
or  even  retrograding.  The  question  suggests  it- 
self whether  she  has  not  been  sacrificing  too  much 
of  her  energy  in  the  race  for  colonial  possessions, 
and  whether  she  had  not  done  better  to  rely  on  her 
economic  intercourse  with  other  great  nations,  than 

69 


COLONIAL   GOVERNMENT 

to  cherish  the  hope  of  large  gains  from  the  colo- 
nies under  an  exclusive  system.  That  the  colonies  * 
themselves  have  been  injured  under  this  illiberal 
regime  few  will  deny.  Not  only  foreign  goods,  y 
but  foreign  capital  and  enterprise,  have  been  ex- 
cluded from  them,  with  the  result  that  Indo-China 
is  sadly  backward  as  compared  with  the  Straits 
Settlements,  where  all  nations  are  given  an  equal 
opportunity. 

In  less  advanced  colonies  of  large  population 
and  extent,  such  as  the  colonies  in  West  Africa, 
the  high  tariff  policy  defeats  itself,  as  goods  are 
there  so  easily  smuggled  that  the  imposition  of  even 
a  slight  tax  will  change  the  current  of  trade  with 
the  interior  from  the  ports  with  high  custom  duties 
to  those  in  which  free  trade  prevails.  It  would 
seem  that  a  policy  of  this  nature  must  be  inher- 
ently so  weak  that  it  cannot  permanently  maintain 
itself  against  the  true  interests  of  both  colony  and 
mother  country.  It  could  become  a  universal 
policy  only  in  case  nations  were  to  forget  that, 
after  all,  their  greatest  interest  lies  in  developing 
sane  and  stable  economic  relations  with  each  other. 
Of  course,  it  is  possible  that  they  may  forget,  but 
at  present  the  open  door  policy  may  still  confi-  ^' 
dently  be  said  to  be  in  the  ascendant,  both  actually 
and  potentially.  The  best  interests  of  the  com- 
mercial world  would  be  subserved  were  law  and 
order  established  throughout  the  world,  but  were 
it  considered  indifferent  which  particular  power 
holds  the  sovereignty  over  any  given  region.     It 

70 


COMMERCE   AND   COMMUNICATION 

is  a  pity  that  the  large-minded  policy  of  1885,  by 
which  Central  Africa  was  made  a  free  trade  ter- 
ritory, could  not  have  become  universal  in  colonial 
affairs. 

Though  a  nation  should,  therefore,  not  be  too 
confident  as  to  its  ability  permanently  to  secure 
colonial  trade  for  itself  by  mere  political  action, 
there  is  one  aspect  of  the  formative  stage  in  colo- 
nial life  in  which  the  poHtical  power  can  do  much 
to  foster  national  trade  relations  with  the  colonies. 
This  is  the  exercise  of  the  financial  powers  of  gov- 
ernment together  with  the  execution  of  great  pub- 
lic works  in  the  colony,  such  as  roads,  railways, 
canals,  harbors,  and  public  buildings.  While  these 
activities  are  primarily  industrial,  —  and  as  such 
will  be  discussed  more  fully  in  the  next  chapter, — 
they  also  involve  the  purchase  of  vast  amounts  of 
material ;  if  this  is  bought  in  the  mother  country, 
as  is  usually  the  case,  a  considerable  impulse  may 
be  for  a  time  given  to  certain  lines  of  commercial 
and  industrial  activity.  It  is  interesting  to  note 
that  even  the  British  self-governing  colonies  have 
in  this  manner  made  very  large  purchases  in  the 
mother  country. 

II 

More  important  even  than  the  possession  of 
wide  reaches  of  territory  is  the  control  of  depots 
of  trade,  of  points  d'appui  for  the  navy,  and  of 
routes  of  communication.  The  great  object  of 
competition  among  modern    nations  being  trade, 

71 


COLONIAL   GOVERNMENT 

only  that  country  can  successfully  compete  in  this 
struggle  which  is  provided  with  the  means  of  ac- 
cess to  the  most  important  markets.  It  is,  there- 
fore, conceivable  that  a  nation,  by  merely  acquiring 
territory  and  neglecting  routes  of  communication, 
might  fail  to  provide  itself  with  the  best  equipment 
for  the  coming  struggle.  It  is,  indeed,  remarkable 
to  what  extent  political  action  has  been  directed 
and  historical  development  moulded  by  the  needs 
of  communication. 

Looking  at  the  history  of  Enghsh  imperial  ex- 
pansion, we  have,  to  begin  with,  the  founding  of 
a  few  trading  settlements  in  India.  They  grow  in 
power  and  importance,  and  soon  the  question  of 
safe  and  unimpeded  communication  between  Great 
Britain  and  her  valuable  possessions  arises.  This 
one  consideration  of  assuring  safe  routes  to  India 
has  been  the  most  potent  factor  in  British  foreign 
politics  during  the  last  century.  In  the  first  place, 
the  Cape  of  Good  Hope  was  taken  from  the  Dutch 
in  order  to  make  sure  of  this  important  station  on 
I  the  sea  road  to  India.  Then,  in  the  sixties,  came 
\  the  building  of  the  Suez  Canal.  Step  by  step, 
the  British  acquired  control  of  this  waterway, 
and,  as  accessory  to  it,  of  the  country  of  Egypt. 
^  If  we  glance  at  the  map,  we  see  that  Great  Britain 
has  a  whole  series  of  possessions  that  derive  their 
value,  entirely  or  chiefly,  from  the  fact  that  they 
are  situated  on  the  Suez  Canal  route.  These  pos- 
sessions are  the  Kuria  Muria  Islands,  Sokotra, 
Aden,  Perim,  the  Somali  Coast,  and,  in  the  Medi- 

72 


COMMERCE   AND   COMMUNICATION 

terranean,  Cyprus,  Malta,  and  Gibraltar.  So 
successful  have  the  British  been  in  securing  for 
themselves  the  points  of  access  to  the  canal  that 
the  latter  has  practically  become  a  British  water- 
way ;  with  great  political  genius  they  have  forged 
a  strong  chain  which  binds  India  to  England. 

The  complex  relations  of  Great  Britain  to  Tur- 
key and  to  Russia  have  also  been  determined  in 
a  very  large  measure  by  this  same  question  of 
communications.  Turkey  has  been  treated  with 
great  circumspection  and  friendly  solicitude  in  order 
that  trouble  from  that  source  might  not  be  in- 
curred with  respect  to  Egypt  and  Cyprus.  On  the 
other  hand,  any  indication  of  a  Russian  movement 
toward  Constantinople  has  immediately  called 
forth  the  protests  of  the  British  government,  as  the 
presence  of  such  a  power  in  close  proximity  to  the 
canal  route  is  held  to  endanger  the  imperial  posi- 
tion of  England. 
\j  But  the  ramifications  of  this  question  reach  still 
farther.  Thus,  the  one  reason  for  entering  upon 
the  Boer  War  to  which  its  defenders  generally 
look  for  its  ultimate  justification,  is  the  fact  that 
Great  Britain  could  not  afford  to  leave  her  South 
African  possessions  in  jeopardy  of  Africander  am- 
bitions, because  of  the  importance  of  the  Cape  as 
a  station  on  the  alternative  route  to  India.  Fur- 
thermore, the  great  railway  which  is  to  connect 
Cairo  and  the  Cape  passes  closely  by  the  territory 
of  the  Boer  republics,  and,  in  any  case  of  strained 
relations  with  them,  this  important  communication 

73 


COLONIAL   GOVERNMENT 

would  also  have  been  endangered.  The  same  con- 
sideration made  the  acquisition  of  the  Sudan  in 
1898  an  event  of  the  utmost  importance.  Had 
Lord  Kitchener  failed,  the  French  from  Central 
Africa  and  the  Russians  from  Abyssinia  would 
have  joined  hands  and  broken  the  communication 
between  Egypt  and  the  British  East  and  Central 
African  protectorates.  It  was  not  so  much  the 
value  of  the  Sudan  per  se  as  territory,  but  its 
position  with  respect  to  routes  of  communication, 
and  with  respect  to  the  water  supply  of  Egypt, 
that  lent  the  most  absorbing  interest  to  Lord 
Kitchener's  achievement.  In  the  far  Orient,  Sing- 
apore and  Hongkong,  towns  of  small  territorial 
importance  and  yet  rich  and  influential  commer- 
cial centres,  attest  the  value  of  favorably  situated 
depots  of  trade. 

But  other  countries  give  fully  as  striking  exem- 
plifications of  what  has  been  said  concerning  the 
importance  of  communication.  The  political  his- 
tory of  modern  Russia  can  be  understood  only 
from  this  point  of  view.  Originally  confined  to 
the  interior,  the  Russian  nation  for  years  yearned 
for  access  to  the  open  sea.  Peter  the  Great,  who 
with  prophetic  insight  learned  the  art  of  shipbuild- 
ing in  his  youth,  when  the  country  of  his  fathers 
had  as  yet  no  outlet  to  the  sea,  did  not  rest  until 
he  had  achieved  his  greatest  ambition,  and  had 
established  himself  firmly  on  the  shores  of  the 
Baltic.  The  great  Catherine  accomplished  the 
occupation  of  a  part  of  the  Black  Sea  littoral,  and 

74 


COMMERCE   AND   COMMUNICATION 

Muravieff,  in  1848,  founded  Vladivostock,  "the 
ruler  of  the  East,"  on  the  coast  of  the  Pacific,  on 
an  equal  latitude  with  the  state  of  Oregon.  But 
even  then  the  fulfilment  of  the  hoped-for  destiny 
of  Russia  was  not  complete;  for,  though  the  sea 
had  been  reached,  the  location  and  accessibility  of 
the  Russian  ports  was  by  no  means  satisfactory. 
It  is  only  with  the  acquisition  of  Port  Arthur  that 
the  desire  of  centuries  has  been  attained  by  the  Rus- 
sians. They  are,  however,  still  pressing  toward 
Constantinople  and  toward  the  Persian  Gulf, 
which  they  consider  the  proper  outlets  for  the 
central  portion  of  their  empire.  The  struggle  be- 
tween Great  Britain  and  Russia  for  the  southern 
portion  of  Persia  is  a  question  in  which  the  ele- 
ment of  communication  is  all-important. 

The  German  Empire  has  also  a  full  and  clear 
understanding  of  this  requisite  of  modern  politics, 
as  is  shown  by  her  eagerness  to  acquire  such  ap- 
parently out  of  the  way  islands  as  the  Marshall 
and  Caroline  groups  and  Samoa.  To  the  occupa- 
tion of  Kiao-chau  the  Germans  were  also  moved 
primarily  by  their  need  of  a  depot  of  corhmerce 
and  of  a  naval  station. 

In  our  own  country,  too,  the  entire  course  of 
national  expansion  has  been  influenced  by  this 
same  logic  of  communication.  Louisiana  was 
acquired  because  it  gave  us  control  of  the  mouth 
of  the  Mississippi,  the  main  outlet,  at  that  time, 
for  the  trade  of  the  old  West  and  Northwest. 
Then  the  Pacific  beckoned,  and  the  chief  outcome 

75 


V 


COLONIAL   GOVERNMENT 

/of  the  war  of  1847  was  the  possession  of  its  coast. 

SThe  more  complete  control  of  the  Isthmian  Canal 

route  has  been  the  prime  motive  for  the  acquisition 

yof  Porto  Rico,  the  Danish  West  Indies,  and  Hawaii. 

/  The  Philippine  Islands,  should  we  permanently  re- 

/     tain  them,  may  turn  out  more  valuable  as  a  large 

/       station  of  Oriental  commerce  than  as  a  possession 

I        in  themselves. 

\  While  the  occupation  of  new  territory  is  gener- 

ally looked  upon  as  very  desirable,  it  nevertheless 
involves  great  burdens,  such  as  the  cost  of  defence 
and  administration,  as  well  as  international  respon- 
sibilities. It  is,  therefore,  well  to  be  cautious  in 
undertaking  the  control  of  large  territorial  posses- 
sions. But  the  points  from  which  communication 
can  be  kept  open  and  perfected,  and  from  which 
the  markets  of  the  world  can  readily  be  reached, 
are  justly  looked  upon  as  absolutely  desirable 
property  for  a  modern  nation.  As  the  policy  of 
firmly  closing  the  great  markets  of  the  world  could 
never  be  completely  carried  through,  the  routes  of 
approach  to  them  will  always  continue  to  be  of  the 
utmost  importance.  Such  points  as  Hongkong 
and  Singapore,  which  fifty  years  ago  were  barren 
islands,  scarcely  inhabited  and  devoid  of  value, 
have  now  become  true  mainstays  of  the  com- 
mercial organization  of  Great  Britain  in  the  East. 
Their  importance  is  best  expressed  by  the  fact 
that  the  foreign  trade  of  one  of  them  is  nearly 
equal  to,  while  that  of  the  other  exceeds,  the 
whole  volume  of  Mexican  foreign  commerce. 

76 


COMMERCE   AND   COMMUNICATION 

It  is  essential  for  the  protection  of  a  nation's 
trade  that  its  men-of-war  should  be  able  to  reach 
all  the  parts  of  the  world  where  commerce  is  im- 
portant without  being  obliged  to  secure  coal  or 
provisions  at  foreign  ports.  Even  with  the  ad- 
vance that  has  been  made  in  ship-building  since 
the  employment  of  steel  as  construction  material, 
the  possession  of  coaling  stations  at  a  moderate 
distance  from  each  other  is  still  of  prime  impor- 
tance. Moreover,  as  depots  of  trade  for  the  ex- 
change of  the  products  of  the  various  countries 
and  for  the  location  of  branches  of  the  great  houses 
of  commerce,  such  points  are  of  even  greater  and 
more  constant  value.  In  view  of  these  conditions, 
the  nations  which  have  entered  late  upon  the  field 
of  colonial  politics  are  at  a  great  disadvantage. 
Russia  is  feeling  this,  and  is  laying  her  plans,  withx 
her  usual  ability,  for  a  foothold  in  Morocco  and  on  ^ 
the  coast  of  Eritrea.  Germany  is  also  strongly 
endeavoring  to  make  good  her  deficiencies  in  this 
respect. 

The  United  States,  as  has  been  said  of  Eng- 
land, has  "blundered  into  some  of  the  best 
places  on  the  globe."  Our  communication  with 
Asia,  which  to  us  may  soon  be  more  important 
than  any  other,  has  been  rendered  perfectly 
secure  through  the  acquisition  of  Hawaii,  Mid-  V 
way  Island,  Guam,  and  Manila.  While  too  much 
was  expected  of  Manila  when  it  was  said  that  it 
would  soon  equal  Singapore  and  Hongkong  as  an 
Asiatic  trade  centre,  its  location  is,    nevertheless, 

77 


COLONIAL   GOVERNMENT 

favorable  enough  to  make  it  a  valuable  entrepot. 
The  importance  of  Porto  Rico,  too,  will  certainly 
increase  after  the  construction  of  the  Isthmian 
Canal,  because  it  will  then  become  a  central  point 
for  the  distribution  of  merchandise  and  produce 
between  North  America,  South  America,  Europe, 
and  Asia. 

The  increased  speed  of  communication  has  made 
most  powerfully  for  the  permanence  of  colonial 
relations.  Before  1850  colonies  were  so  distant, 
both  in  space  and  in  time,  that  any  lasting  connec- 
tion between  them  and  the  mother  country  seemed 
problematical.  One  of  the  main  reasons  for  the 
present  growth  of  interest  in  colonial  enterprisfe 
is  the  fact  that  the  new  regions  of  the  world  are 
so  readily  accessible  and  can  be  so  effectively  and 
closely  connected  with  the  mother  country.  A 
compact  and  homogeneous  national  life  now  seems 
possible,  even  among  widely  scattered  possessions. 

REFERENCES 

Andree,  K.,  Geographic  des  Welthatidels .     Berlin,  1877. 
Aspe-Fleurimont,  "  L'Angleterre   et   le   Congo."      Questions 

dipio?natiques  et  coloniales,  Vol.  VI.,  pp.  193-219. 
Blondel,  G.,  VEssor  industriel  et  commercial  dii  penple  alle- 

mand.     Paris,  1900. 
Brenier,  Y{.,  La  Mission  lyonnaise  d^ exploration  commerciale 

en  Chine,  iSg^-iSgy.     Lyons,  1898. 
Charles-Roux,  Notre  Marine  marchande.     Paris,  1898. 
Co  nan  t,  C.  A.,  The  United  States  in  the  Orient.      Boston, 

1900.     Chs.  I.,  III. 
Davidson,  John,  Comynercial  Federation  and  Colonial  Trade 

Policy.     London,  1900.     Chs.  I.,  II.,  V. 

78 


COMMERCE   AND    COMMUiN  ICATION 

Flux,  A.  W.,  "The  Flag  and  Trade."  Jourtial  Royal  Statis- 
tical Society,  September,  1899. 

Fox  Bourne,  H.  R.,  "  The  Economics  of  Empire."  In  Trans- 
actions of  the  Political  and  Economic  Circle,  National 
Liberal  Club.     London,  1901.     Vol.  III. 

Goetz,  W.,  Verkehrswege.     Stuttgart,  1888. 

Halle,  E.  von,  Volks-  und  See%virtschaft.     Berlin,  1901. 

Hobson,  J.  A.,  "The  Approaching  Abandonment  of  Free 
Trade."     Fortnightly  Review,  March,  1902. 

Hunter,  Sir  W.  W.,  The  Indian  Empire.  London,  1892. 
Ch.  XIX. 

Ireland,  A.,  Tropical  Colonization.     Ch.  III. 

Kingsley,  Mary  H.,  Travels  i?i  West  Africa.  London,  1900. 
Ch.  XXI. 

Konig,  B.  von,  "Handel  und  Verkehr  in  den  deutschen 
Schutzgebieten."  In  Beitrdge  zur  Kolonialpolitik  u. 
Kolonialwirtschaft,  Vol.  II.,  pp.  237  sq. 

Lanessan,  J.  L.  de,  La  Colonisation  franqaise  en  Indo-Chine. 
Paris,  1895.     Ch.  V. 

Lee,  Austin,  Report  on  French  Colonies.  British  Diplomatic 
and  Consular  Reports,  1900. 

Leroy-Beaulieu,  P.,  EAlgerie  et  la  Tunisie.  Paris,  1897. 
Bk.  I.,  Chs.  VI.,  VII. ;  Bk.  II.,  Ch.  XII. 

Leroy-Beaulieu,  P.,  De  la  Colonisation  chez  les  peuples 
modernes.     Paris,  1898.     Pt.  II.,  Bk.  I.,  Ch.  III. 

Le  Roux,  H.,  Menelik  et  nous.     Paris,  1901. 

Mahan,  A.  T.,  The  Interest  of  America  i7t  Sea  Power,  Present 
and  Future.     Boston,  1897. 

Morris,  H.  C,  History  of  Colonization.  New  York,  1898. 
Pt.  III.,  Ch.  V. 

Murray,  K.  B.,  "Mr.  Chamberlain  and  Colonial  Commerce." 
Economic  fournal,  VII.     21. 

Ratzenhofer,  F.,  Wesen  und  Zweck  der  Politik.  Leipzig, 
1893.  Vol.  III.,  pp.  350-384.  ("Die  Handelspoli- 
tik.") 

Schmoller,  C,  and  others,  Handels-  und  Machtpolitik.  Stutt- 
gart, 1900. 

79 


COLONIAL  GOVERNMENT 

Schumacher,  H.,  "Deutsche  Schiffartsinteressen  im  Stillen 

Ozean/'     Injahrb.f.  Gesetzg.  u.  Verw.^  XXVL     i. 
Seeinte7^essen   des  deiitschen   Reichs.      Issued   by  the   Navy 

Dept.     Beriin,  1898. 
"Tariffs  of  Foreign  Countries."     Special  Consular  Reports. 

Vol.  XVL,  Pt.  IL 
"Trade  of  the  British  Empire  and  Foreign   Competition." 

Parliamentary  Papers.     H.  of  C,  1897.     Vol.  LX. 
Vignon,  L.,  ^Expansion  de  la  Fratice.     pp.  233  sq. 
Wauters,  A.  J.,   DEtat  independent  du   Congo.      Brussels, 

1899.     Pt.  IV. 


80 


CHAPTER  VI 

CAPITALISTIC   EXPANSION 

The  industrial  revolution  which  transformed  the 
economic  Hfe  of  Europe  at  the  beginning  of  the 
nineteenth  century  has  been  followed  by  an  equally 
far-reaching  movement  which  we  may  call  the  cap- 
italistic revolution.  The  nineteenth  century  was 
the  great  era  of  national  home  industry.  During 
a  long  period,  which  has  but  recently  closed, 
apparently  the  sole  concern  of  EngHsh  statesmen 
was  to  foster  the  position  of  England  as  an  indus- 
trial and  manufacturing  centre.  The  policy  of 
free  trade  was  adopted  as  an  article  of  faith,  as  it 
enabled  England  to  obtain  an  ample  supply  of 
cheap  raw  material  and  food,  and  tended  to  keep 
open  the  markets  of  the  world  for  her  products. 
The  most  complete  development  of  the  mechanism 
of  trade  and  manufacture  in  England  itself  was  the 
chief  aim  of  industrial  leaders,  and  from  this  point 
of  view  they  regarded  the  entire  expanse  of  eco-- 
nomic  life. 

But  gradually  a  new  movement  began  to  assert 
itself.     England  had  accumulated  an  abundance  of 
capital,  and  it  was  found  that  opportunities  for  ex- 
G  8i 


COLONIAL   GOVERNMENT 

ceedingly  profitable  investment  existed  in  other 
parts  of  the  world.  Moreover,  British  manufac- 
tured products  were  excluded  from  certain  foreign 
countries  by  hostile  tariffs.  Therefore  British  cap- 
ital entered  these  countries,  established  manufac- 
tories there,  and  obtained  liberal  returns  on  account 
of  the  very  restrictions  that  had  been  directed 
against  the  commerce  of  England.  In  this  way 
not  only  did  numerous  railways  and  other  works 
of  internal  improvement  in  various  parts  of  the 
world  come  to  be  financed  by  British  capital,  but 
the  manufacturing  industries  of  such  countries  as 
Russia,  the  United  States,  and  even  Germany  and 
France,  became  a  profitable  field  for  British  in- 
vestment. As  a  result,  England  is  now  primarily 
a  creditor  and  landlord  nation,  and  a  great  part  of 
the  industrial  mechanism  of  the  world  is  controlled 
from  London.  British  commerce  has  fallen  off 
relatively  and  will  continue  to  do  so,  as  the  other 
nations  are  advancing  in  industrial  power,  and  are 
claiming  their  share  in  the  world's  trade.  Never- 
theless, the  industrial  supremacy  of  the  world  has 
not  yet  passed  from  Great  Britain,  nor  has  her 
financial  supremacy  been  shaken.  This  rests  on  a 
far  broader  basis  than  the  territory  of  England 
itself ;  it  draws  its  strength  from  the  entire  world. 
That  the  balance  of  trade  is  becoming  more  and 
more  "  unfavorable  "  to  England  is  not  due  to  the 
fact  that  English  manufacturing  industries  are  being 
outstripped  by  those  of  other  nations  ;  the  excess 
of  imports  over  exports  is  composed  largely  of  the 

82 


CAPITALISTIC   EXPANSION 

returns  which  Great  Britain  is  getting  from  her  in- 
vestments in  foreign  and  colonial  regions.  Other 
nations,  tooj  which  have  reached  an  advanced 
degree  of  economic  development  have  of  late 
begun  to  invest  large  amounts  of  surplus  capital 
in  the  development  of  regions  beyond  their  national 
boundaries. 

From  this  account  it  might  appear  as  if  capital 
were  indifferent  to  nationality  ;  as  if  it  were  ready 
to  take  advantage  with  equal  alertness  of  all  op- 
portunities for  remunerative  investment,  whether 
found  in  Mexico,  China,  Spain,  Russia,  or  the 
United  States.  It  is  certainly  true  that  the  main 
desideratum  of  capital  is  security  and  fair  returns, 
and  that  it  cares  but  little  for  sentiment.  Capital- 
ists but  rarely  have  the  spirit  of  adventure,  and  it 
is  very  difficult  to  enlist  capital  for  the  purpose  of 
investment  in  unsafe  regions,  although  the  pos- 
sible gain  therefrom  may  be  great.  This  very 
requirement  of  security  has  led  to  political  conse- 
quences, as  the  experience  of  European  capitaUsts 
with  investments  outside  of  territory  controlled  by 
the  great  powers  has  not  been  reassuring.  Thus 
English  investors  have  found  South  American, 
Turkish,  and  Spanish  securities  a  source  of  fre- 
quent serious  loss.  It  has  been  computed  that,  in 
Germany,  out  of  lo  billion  marks  of  foreign 
security  investments  in  1885,  1330  millions  were  in 
danger  of  serious  depreciation,  while  1750  millions 
were   practically     worthless.  ^      The    hazards    to 

1  Zeitschrift fur  die  gesammte  Staatswissenschaft^  1900,  Heft  4. 

83 


COLONIAL   GOVERNMENT 

which  foreign  bondholders  are  subject  have  been 
amply  demonstrated  by  the  condition  of  the  Egyp- 
tian finances  before  the  Anglo-French  condomin- 
ium, by  the  Tunisian  bankruptcy  before  1883,  and 
by  the  insecurity  of  Chinese  and  Transvaal  invest- 
ments during  the  recent  crises.  Even  in  such 
countries  as  Russia  and  Spain,  arbitrary  govern- 
ment regulations  and  the  favor  or  disfavor  of  the 
courts  have  a  great  influence  upon  the  security 
of  foreign  investments. 

It  is  not  surprising,  therefore,  that  investors  in 
foreign  securities  sh'ould  favor  the  extension  of 
responsible  and  equitable  government  to  undevel- 
oped regions.  It  has  become  a  necessity  in  the 
present  stage  of  economic  life  that  all  parts  of  the 
world  where  potential  wealth  exists  should  be  po- 
liced and  put  under  an  orderly  administration, 
so  as  to  make  the  improvement  of  their  resources  a 
safe  and  profitable  undertaking.  As  contradistin- 
guished from  securities  in  South  America  or  the 
Balkans,  British  colonial  paper  is  considered  in  the 
London  market  as  a  gilt-edged  investment,  ranking, 
as  far  as  safeness  is  concerned,  on  perfect  equality 
with  British  municipal  bonds. 

The  development  which  we  have  just  outlined 
has  brought  about  a  great  change  in  the  manner 
and  methods  of  colonization.  Under  the  former 
regime  of  purely  commercial  enterprise  the  pene- 
tration of  the  interior  of  a  new  region  was  not 
required.  Trading  was  carried  on  from  the  decks 
of   merchantmen,     from     hulks  anchored   at  the 

84 


CAPITALISTIC    EXPANSION 

mouths  of  streams,  or  from  factories  ^  situated  on 
the  seacoast  or  on  the  shores  of  the  larger  navi- 
gable rivers.  In  addition  to  the  actual  value  of 
the  goods,  not  much  capital  was  invested,  and  the 
investment  could  be  easily  protected.  This  was 
the  character  of  the  commercial  colonization  in 
India  and  along  the  African  coast.  Political  con- 
trol over  large  inland  regions  was  not  a  necessary- 
concomitant  of  this  kind  of  colonization.  Thus 
the  conquest  of  the  internal  regions  of  India, 
though  the  occasion  for  it  was  furnished  by  com- 
mercial settlement,  was  really  due  to  other  causes, 
such  as  the  political  ambitions  of  the  French, 
which  involved  their  rivals  in  similar  plots  and 
activities.  Political  control  over  the  interior  [/ 
regions  of  Africa  was  never  attempted  and 
scarcely  even  thought  of  before  the  era  of  indus- 
trial colonization  had  arrived. 

At  present  colonial  activities  have  assumed  a 
different  aspect,  since  capital  in  no  longer  satisfied 
with  coast  trade.  It  finds  more  remunerative  em- 
ployment in  the  exploitation  of  mines  and  forests, 
the  construction  of  railways,  and  the  establishment 
of  large  plantations.  The  latter  are  becoming 
more  and  more  industrialized  ;  expensive  and  com- 
plicated machinery  for  the  preparation  of  coffee  for 
the  market,  and  large  central  sugar  factories,  take 
the  place  of  the  former  simple  and  primitive  meth- 
ods of  agricultural  production.     Moreover,  manu- 

1  This  word  is  here  used  in  its  original  sense,  as  an  establishment 
of  merchants  in  foreign  parts. 

85 


COLONIAL   GOVERNMENT 

factures  of  various  kinds  are  being  established  to 
provide  for  the  growing  wants  of  the  local  popu- 
lation. Enterprises  such  as  these  involve  a  far 
more  intimate  connection  with  the  territory  and 
the  population  than  do  purely  commercial  dealings. 
The  titles  to  property  in  land  must  be  secure; 
there  must  be  no  fear  of  violence  or  of  revolutions 
of  government.  Orderly  methods  of  administra- 
tion, a  sound  system  of  banking  and  currency,  — 
all  these  are  prerequisites  to  a  safe  and  paying 
investment  in  foreign  or  colonial  regions. 

Hence,  the  pressure  for  extended  political  con- 
trol is  much  stronger  at  present  than  it  ever  was 
in  the  days  of  purely  commercial  colonization. 
This  is  the  real  secret  of  the  strength  and  scope  of 
the  present  movement  for  the  assertion  of  poHtical 
dominion  over  new  regions.  Moreover,  it  constitutes 
the  strongest  bond  between  the  mother  country 
and  her  colonies,  the  self-governing  as  well  as  the 
others.  Canada  may  have  a  practically  indepen- 
dent parliament,  she  may  even  be  allowed  to 
manage  her  foreign  policy  according  to  her  own 
interests,  she  may  trade  chiefly  with  the  United 
States ;  but  as  long  as  her  whole  financial  system 
depends  on  British  capital,  she  remains  in  the  true 
sense  of  the  word  a  colony  of  Great  Britain. 

As  stated  above,  it  might  seem  that  the  capital 
of  any  nation  should  be  satisfied  if  orderly  govern- 
ment within  a  certain  territory  were  established  by 
any  one  of  the  great  powers,  and  that  it  would  not 
have  any  reason  specially  to  desire  its  own  state  to 

S6 


CAPITALISTIC    EXPANSION 

assume  this  control.  It  would,  indeed,  be  an  excel- 
lent thing,  were  capital. free  to  go  unhindered  to 
any  part  of  the  world  and  to  engage  with  safety  in 
the  development  of  new  resources  there,  being  sure 
of  ample  protection  by  a  civilized  government  with- 
out burdensome  restrictions  or  fear-  of  official  dis- 
favor. But  there  are  several  considerations  why 
capital  preferably  seeks  the  protection  of  its  own  J 
national  government  in  colonial  enterprise.  The  ^ 
mere  matter  of  an  official  language  and  of  a  system  of 
laws  with  which  the  capitalist  interested  in  colonial 
industries  is  familiar,  is  a  great  convenience  to  him. 
Moreover,  favorable  administrative  action  is  much 
more  readily  obtained  in  cases  where  the  officials 
belong  to  the  same  nation  as  the  colonists.  Of  ^ 
still  greater  importance  is  the  fact  that  a  capitalist 
may  obtain  from  his  own  government  public  con- 
tracts, grants  of  land,  and  the  concessions  of  privi- 
leges which  a  foreigner  has  little  reason  to  expect. 
Such  advantages  constitute  a  definite  basis  of 
financial  credit,  and  are  more  satisfactory  than  the 
most  inviting  expectancies  of  profit  founded  merely 
on  the  general  opportunities  afforded  by  a  new  coun- 
try. For  these  various  reasons  there  is  a  tendency  ^ 
for  capital  to  become  national  in  its  methods  and 
affiliations.  Formerly,  most  foreign  investments 
were  made  in  state  securities,  leaving  the  foreign 
government  to  which  the  funds  were  lent  to  con- 
struct the  improvements  itself  or  to  make  contracts 
therefor  with  foreign  industrials.  But  at  present 
the  direct  investment  of  capital  in  works  of  ex- 

87 


COLONIAL   GOVERNMENT 

ploitation  and  improvement  is  much  more  common. 
Thus,  for  instance,  while  German  savings  were 
formerly  put  into  Russian,  Austrian,  and  Balkan 
state  bonds,  they  are  now  preferably  invested  in 
the  railways  of  Turkey  and  Asia  Minor,  which  are 
financed  by  German  banks  and  constructed  by 
German  engineers,  or  in  other  quasi-national  un- 
dertakings in  new  regions.  In  a  similar  manner 
British  capital  prefers  investment  in  the  British 
colonies,  or  in  undertakings  controlled  by  British 
interests. 
/^  When  we  look  at  colonization  as  the  systematic 
I  influence  exerted  upon  a  lower  grade  of  civilization 
I  by  a  higher,  through  the  application  of  personal 
energy,  it  becomes  clear  that  the  influence  exerted 
by  the  most  advanced  nations  in  this  capitalistic 
stage  will  produce  important  results  much  more 
quickly  than  in  any  former  period,  or  by  any  other 
means.  The  adventurers,  the  merchants,  or  the 
missionaries  may  succeed  under  certain  conditions 
in  influencing  a  lower  civilization  ;  but  it  is  exceed- 
ingly difficult  to  modify  manners  and  beliefs  directly 
by  missionary  work,  and  many  populations  are 
irresponsive  when  approached  in  this  manner. 
The  economic  life  of  such  regions  is  much  more 
easily  made  to  conform  to  advanced  standards. 
The  usefulness  of  the  western  industrial  machinery 
and  the  improvement  thereby  produced  in  the  com- 
forts of  life  is  recognized  by  the  most  backward 
peoples,  so  that,  while  in  philosophical  and  reli- 
gious matters  they  may  hold  aloof,  and  while  com- 


CAPITALISTIC   EXPANSION 

merce  would  touch  them  only  on  the  boundaries, 
industrial  enterprise  goes  to  the  very  heart  of 
their  countries  and  brings  the  visible  achievements 
of  western  civilization  before  their  astonished 
eyes.  They  are  thus  forced  to  acknowledge  the 
superiority  of  the  western  nations,  at  least  in 
matters  of  industry  and  in  practical  affairs ;  and 
when  their  ideas  have  once  been  given  an  impulse 
in  this  direction,  it  will  be  far  less  difficult  to  exert 
a  moulding  influence  upon  them  with  respect  to  the 
other  phases  of  civilized  life. 

There  is,  unfortunately,  an  aspect  of  this  de- 
velopment which  is  less  attractive.  The  interests 
of  concentrated  capital  are  often  pursued  with 
absolute  unscrupulousness,  and  with  a  total  disre- 
gard of  the  rights  of  the  native  populations.  The  \, 
capitalist,  who  does  not  feel  the  same  deep  sense 
of  responsibihty  as  the  statesman,  is  not  unfre- 
quently  ready  to  play  the  game  of  poHtics,  even 
to  the  extent  of  embroiling  nations  in  murderous 
warfare,  if  only  the  success  of  great  financial  or 
industrial  operations  is  thereby  promoted.  While 
the  war  in  South  Africa  is  so  recent  that  the  time 
is  not  ripe  for  pronouncing  a  categorical  judgment 
upon  its  causes,  which  were  certainly  most  com- 
plex, still  it  appears  that  prominent  among  them 
was  the  industrial  and  financial  policy  of  great 
corporations  which,  for  the  time  being,  preferred 
the  British  regime  to  that  of  the  Boer  republics. 

In  the  internal  affairs  of  a  colony,  the  shrewd,  y 
selfish  activity  of  organized  capital  is  often  so  per- 

89 


COLONIAL   GOVERNMENT 

nicious  that  it  becomes  one  of  the  chief  concerns 
of  the  colonial  government  to  prevent  the  utter 
exploitation  of  the  natives.  The  manner  in  which 
concessions  have  been  abused  in  Indo-China  and 
in  other  French  possessions  is  an  example  of  how 
far  this  may  be  carried.  When  the  natives  in  cer-  y 
tain  parts  of  Indo-China  had  fled  for  safety  during 
war,  their  lands  were  freely  granted  to  French 
concessionnaires.  Far  from  introducing  improved 
methods  of  agriculture,  or  enriching  the  soil,  they 
simply  took  possession,  and  superimposed  them- 
selves as  a  landlord  class  upon  the  natives  when  the 
latter  returned  to  till  their  ancestral  lands.  In  the 
EngHsh  crown  colonies  the  government  has  been 
obliged  constantly  to  keep  a  strict  watch  upon  the 
encroaching  tendencies  of  organized  capital,  in 
order  that  the  patrimony  of  the  natives  might  not 
gradually  be  taken  from  them. 

REFERENCES 

Aspe-Fleurimont,   "  Le   Congo  fran9ais."      Questions  Diplo- 

matiques  et  coloniales^  Vol.  XIL     586. 
Bhownaggree,  Sir  M.  M.,  "Industries  in  India."     In  British 

Empire  Series.     London,  1899.     Vol.  I. 
Conant,  C.  A.,  The  United  States  in  the  Orient.    Boston,  1900. 

Ch.  IV. 
Deutscher    Kolonial-Kalendar    fur     jgoi.       Berlin,     1900. 

Ft.  VIII. 
Dubois  et  Terrier,   Un  Sikie  d'expansion  coloniale.    Paris, 

1902.     pp.  490  sq. 
"German  East  Africa."     British    Diplomatic  and   Consular 

Reports,,  No.  535.     London,  1900. 
90 


CAPITALISTIC    EXPANSION 

Greswell,  W.,    The  British    Colonies  and  their  Industries. 

London,  1899. 
Guy,  C,  "  La  Mise  en  valeur  de  notre  domaine  colonial."     In 

Les  Colonies  fran^aises.     Exposition  universelle  de  igoo. 

Paris,  1900. 
Hassert,  Dr.  Kurt,  Deutschlands  Kolonien.      Leipzig,   1899. 

pp.  237-300. 
Hobson,  J.  A.,  The  War  in  SotUh  Africa.     London,  1900. 
Hunter,  Sir  W.  W.,  The  Indian  Empire.      London,   1892. 

Chs.  XX.,XXL 
Krahmer,  Major-General,  Russland  in  Asien.     Leipzig,  1898- 

1900.     Vol.  IL,  Ch.  v.;  Vol.  III.,  Ch.  VI. ;  Vol.  IV., 

Ch.  V. 
Lacombe,  A.,  "  La  Defense  des  porteurs  de  valeurs  dtrang^res." 

\vi  Revue  politique  et  parlementaire.     November,  1900. 
Lanessan,  J.  L.  de.  La  Colonisation  franqaise  en  Indo-Chine. 

Paris,  1895.     Ch.  VII. 
Leroy-Beaulieu,  P.,  EAlgerie  et  la   Tunisie.      Paris,  1897. 

Bk.  II.,Chs.  IV.,  VI.,  VII. 
Leroy-Beaulieu,  P.,  The  Awakening  of  the  East,     New  York, 

1900. 
Leroy-Beaulieu,    P.,    De    la    Colonisation   chez    les   peuples 

modernes.      Paris,  1898.      Pt.  II.,  Bk.  I.,  Ch.  II. 
Mille,  Pierre,  An  Congo  Beige.     Paris,  1899. 
Monthly  statements  concerning  "  Indian  and  Colonial  Invest- 
ments."    In  The  Etiipire  Review.     London. 
Reinsch,  Paul  S.,  "The  New  Conquest  of  the  World."    In 

The  World''s  Work,  I.     1425. 
Schneider,  Die  deutsche  Baghddd-Bahn.     Vienna,  1900. 
Thomson,  H.  C,  Rhodesia  and  its  Govern?nent.     London, 

1898.     Ch.  III. 
Verney  et   Dambmann,  Les  Puissances  etranghres  dans  le 

Levant.     Paris,  1900. 
Worsfold,  W.  B.,  South  Africa.    London,  1895.     Chs.  VIII., 

IX. 


91 


PART  II 

FORMS  OF  COLONIAL 
GOVERNMENT 


CHAPTER  VII 

SPHERES    OF    INFLUENCE 


We  have  thus  far  considered  methods  of  coloni- 
zation in  which  individual  enterprise  takes  the 
initiative.  With  respect  to  these  the  state  does 
not  act  directly,  but  it  gradually  follows  with  its 
protection  the  individual  trader  or  colonist  to  his 
new  field  of  activity.  The  motives  which  we  have 
discussed  appeal  primarily  to  individuals,  and  lead 
to  undertakings  in  respect  to  which  the  acts  of  the 
state  are  at  first  only  subsidiary. 
^  In  recent  years,  however,  a  far-reaching  and 
radical  changehas  come  over  the  entire  field  of 
colonial  enterprise.  The  economic  energies  of  the 
western  nations  have  "Been  "sfimulated  to  such  an 
extent  that  the  more  restricted  markets  of  the  old 
commercial  world,  as  well  as  the  opportunities  it 
offers  for  capitalistic  investment,  are  no  longer 
adequate.  Moreover,  both  commerce  and  capital 
have  become  nationalized,  have  been  taught  to 
look  to  the  state  for  assistance,  and  to  adjust  their 
own  activities  and  policies  to  the  upbuilding  of 
national  power.  Far  more  than  was  ever  before 
conceivable,  the  national  state  has  become  the  ex- 
ponent of  the  sum  of  energies  within  its  bounds. 

95 


COLONIAL   GOVERNMENT 

This  fact  gives  to  the  action  of  economic  forces  a     ] 
sweep  and   impact  which  they   have   not   known 
/} before,    and   moreover,  it  causes  the  state,  in  its 
\  capacity  as  guardian  of  the  national  economic  in- 
Xterests,  to  spare  no  effort  in  extending  the  territo- 
rial sphere  of  national  activities. 

When  this  movement  first  disengaged  itself 
from  the  earlier  principles  and  theories  of  Nation- 
alism and  Liberalism  in  the  seventies  and  eighties 
of  the  century  just  past,  the  European  nations  be- 
gan, in  an  almost  nervous  haste,  to  stake  out 
claims  within  the  regions  still  available,  and  in  less 
than  a  decade  the  vast  inland  territories  of  Africa, 
which  had  hitherto  been  an  absolute  blank  on  the 
map,  were  apportioned  among  the  European  powers. 
The  activity  of  preemption  extended  also  to  Oce- 
anica,  where  no  coral  reef  was  too  small  to  be  over- 
looked in  this  race  for  territorial  possessions.  Of 
late,  even  the  densely  populated  regions  of  Asia, 
with  their  ancient  and  complex  civilizations,  have 
attracted  the  desires  of  the  European  nations. 
They  were  almost  ready  to  proceed  to  an  uncere- 
monious carving  up  of  the  venerable  body  of  China, 
when  they  were  stopped,  at  least  for  a  time,  by  the 
Chinese  uprising ;  but  throughout  the  oldest  conti- 
nent, from  the  Bosporus  to  Korea,  they  are  play-^V 
ing  a  shrewd  game  of  intricate  moves  for  the*' 
acquisition  of  political  influence. 

In  this  era  of  direct  political  expansion,  the  older 
methods  of  colonial  growth  have  come  to  be  con- 
sidered  too   slow   and   uncertain.      The    gradual 

96 


SPHERES   OF   INFLUENCE 

development  of  trade  and  industrial  enterprise,  the 
civilizing  influence  of  missionaries,  are  not  sure 
enough  means  of  gaining  a  firm  foothold  in  new 
regions,  but  these  individual  forces  must  be  sec- 
onded, and  even  anticipated,  by  the  state.  As 
each  nation  is  loath,  for  fear  of  the  others,  to  trust 
solely  to  the  natural  process  of  colonial  evolution, 
they  have  all  joined  in  an  artificial  division  of  the 
unoccupied  world,  and  in  the  creation  of  political 
authority  over  territories  within  which  no  economic 
activities  have  as  yet  been  developed. 
r.  The  ways  in  which  this  partitioning  of  the  world  y 
has  been  accomplished  are,  by  conquest,  by  occu- 
pation of  legally  unoccupied  territory,  by  treaties 
creating  spheres  of  influence  or  protectorates,  and 
by  the  acquisition  of  financial  control  over  coun- 
tries that  have  allowed  themselves  to  be  brought 
into  economic  dependence. 

The  methods  of  conquest  have  changed  but  little 
since  the  days  of  Caesar:  now,  as  then,  the  sub- 
/  jection  of  savage  and  semicivilized  races  has 
been  undertaken  and  accomplished  most  generally 
under  the  plea  of  pacifying  them  and  of  protecting 
the  boundaries  of  national  possessions.  In  this 
manner  the  authority  of  Russia  was  gradually 
extended  over  Central  Asia.  Turbulent  tribes  on 
the  boundary  would  give  ready  and  frequent  occa- 
sion for  punitive  expeditions,  which  usually  ended 
in  the  annexation  of  a  new  strip  of  territory.  Sim- 
ilar boundary  difficulties  gave  France  an  excuse  for 
making  the  first  inroads  upon  Tunis,  as  well  as  for 
H  97 


M' 


COLONIAL   GOVERNMENT 

extending  her  empire  all  along  the  line  in  north- 
eastern Africa.  The  question  of  boundaries  is  for 
this  reason  a  crucial  matter  in  colonial  politics. 
One  of  the  most  vexing  problems  of  the  British  Ind- 
ian administration  has  been  the  choice  of  methods 
in  the  treatment  of  the  boundary  tribes,  especially 
of  those  which  are  situated  in  the  direction  of  the 
Russian  frontier. 

Wherever  legally  unoccupied  territory  exists,  it 
may  be  reduced  to  possession  by  a  sovereign  state, 
upon  analogy  to  the  private  law  of  occupation.  In 
strict  international  law,  only  such  territory  as  is 
occupied  by  savage  races  who  have  no  political 
union  beyond  the  village  is  considered  as  techni- 
cally unoccupied,  and  in  a  condition  where  it  may 
be  reduced  to  possession  by  any  claimant.  Terri- 
tory held  by  a  state  which  is  a  member  of  the 
international  law  community,  and  even  by  such 
barbarian  states  which,  though  they  do  not  main- 
tain diplomatic  intercourse,  still  have  a  higher 
political  organization  than  the  village  and  clan,  is 
considered  as  occupied,  and  can  be  acquired  only 
through  conquest  or  treaty  of  cession.  In  prac- 
tice, however,  tracts  held  by  such  barbarian  states 
have  often  been  included  in  a  general  occupation 
of  territory  by  a  civilized  power. 

It  is  but  recently  that  the  law  of  occupation  has 
been  settled  and  defined.  Formerly  almost  any 
symboHc  act  of  taking  possession  was  considered  a 
sufficient  basis  for  a  valid  claim.  Thus,  the  Eng- 
lish crown  based  its  right  to  the  possession  of  the 

98 


SPHERES   OF   INFLUENCE 

North  American  territory  upon  the  discovery  of 
Sebastian  Cabot,  who  had  simply  cast  eyes  upon 
the  coast  from  his  saihng  vessel.  The  acquisition  \y 
of  South  America  by  the  Spaniards  was  largely  a 
matter  of  symbolic  occupation,  such  as  the  hoist- 
ing of  the  Spanish  flag  or  solemn  proclamation. 
The  most  famous  illustration  of  this  method  is  the 
bull  of  Pope  Alexander  VI.,  of  May  the  4th,  1494, 
which  granted  to  Ferdinand  and  Isabella  the  whole  ' 
Western  Hemisphere,  with  the  sole  exception  of 
such  tracts  as  might  already  have  been  reduced  to 
dominion  by  others. 
r  When  the  race  for  colonial  possessions  began, 
/  European  nations  made  exceedingly  broad  and 
i  far-reaching  claims  of  symbolic  occupation.  Hav- 
\ing  established  a  station  on  the  seacoast,  they 
forthwith  asserted  a  right  to  the  entire  hinterland, 
the  interior  region  lying  back  of  the  station,  to  the 
very  centre  of  the  continent.  The  continued  in- 
sistence upon  such  claims  would,  of  course,  have 
brought  about  the  most  serious  conflicts  among 
the  colonizing  nations.  Hence,  they  came  to  an 
agreement  to  enforce  stricter  rules,  and,  in  the 
Kongo  Act  adopted  by  the  Conference  of  Berlin  in  W 
1885,  the  law  of  occupation  was  settled.  This  treaty  » 
requires  that  notice  of  the  occupation  of  new  terri- 
tory and  of  the  creation  of  a  protectorate  must  be 
given  to  all  the  colonial  powers.     It  also  establishes 

(the  rule  that  symbolical  occupation,  such  as  the  rais- 
ing of  a  flag,  or  the  proclamation  of  sovereignty, 
is  not  sufficient  to  constitute  a  valid  claim.     Cor- 

99 


COLONIAL   GOV.ERNMENT 

poreal  possession,  together  with  the  successful 
establishment  of  control  and  the  continued  main- 
tenance of  law  and  order  throughout  the  whole 
territory  claimed,  is  necessary  to  give  any  nation  a 
recognized  right  to  unoccupied  territory.  These 
Utter  requirements,  however,  do  not  apply  to  pro- 
tectorates, which  involve  only  a  personal  relation, 
and  not  direct  physical  dominion. 

The  Kongo  Conference,  which  has  just  been 
alluded  to,  was  the  most  important  result  of  a  ten- 
dency among  the  great  powers  to  hold  the  colonial 
ambitions  of  individual  nations  within  bounds  by 
international  action.  It  was  felt  at  that  time  that 
unless  the  violent  desire  for  territorial  expansion 
could  in  some  judicious  manner  be  moderated,  and 
a  certain  balance  maintained  among  the  nations, 
a  serious  danger  to  the  peace  of  the  world  would 
result.  Moreover,  tendencies  toward  economic  ex- 
clusiveness  were  making  themselves  felt ;  hence, 
the  counteracting  influence  of  international  action 
was  invoked  to  keep  open  at  least  some  of  the  pro- 
spective fields  of  commerce  and  investment  for  the 
benefit  of  the  world  in  general.  The  Kongo  Con- 
ference of  Berlin  took  a  very  important  step  in 
defining  the  policy  of  the  "  open  door,"  which  it 
applied  to  the  so-called  conventional  Kongo  basin. 
Within  this  tract  complete  freedom  of  commerce 
is  guaranteed,  no  duties  can  be  levied  for  purposes 
other  than  the  payment  of  mere  administrative 
expenses,  nor  can  the  freedom  of  transportation  on 
rivers,  railways,  or  roads  be  in  any  way  abridged 

lOO 


STHF.RF.S  OF  TNFr,TrF,NC|: 

or  subjected  to  discriminating  tariffs.  The  free  v 
trade  area  of  the  Kongo  embraces  the  whole  of 
Central  Africa  from  shore  to  shore,  including  the 
Kongo  Free  State,  the  greater  part  of  French 
Kongo  and  of  British  East  Africa,  the  whole  of 
German  East  Africa,  as  well  as  the  northern  por- 
tion of  Rhodesia  and  Portuguese  West  Africa, 
together  with  some  minor  tracts  of  territory.  By  i/ 
the  Kongo  Act  the  powers  also  guaranteed  that 
their  possessions  in  the  Kongo  basin  were  not  to  be 
used  as  slave  markets  or  for  the  transit  of  slave 
caravans. 

The  Brussels  Conference  of  1890,  which  forms  f^ 
another  notable  instance  of  cooperation  among  the 
great  powers,  further  defined  their  policy  in  matters 
of  common    interest.     It   fixed   the   maximum   of    | 
import  duties  to  be  levied  within  the  Kongo  region 
at  ten  per  cent,  and  it  made  detailed  regulations 
for  the   suppression  of  the  slave  trade  in  Africa. 
By  a  treaty  among  the  great  powers  concluded  in    '  • 
igoo,  the  whole  of  Central  and  Southern  Africa,  as 
far  south  as  the  Orange  River,  has  been  constituted 
a  huge  game  preserve,  within  which  all  but  danger- 
ous animals  are  protected  by  international  action, 
one  of  the  provisions  being  that   elephant   tusks 
weighing  less  than  twenty  pounds  are  to  be  con- 
fiscated wherever  found. 

International  action  has  been  very  powerful  also 
in  peaceably  adjusting  territorial  relations  between 
the  various  powers.  Through  treaties  between 
individual  states,  the   whole   continent   of  Africa 

lOI 


c'OLoniAl  government 

and  the  island  world  of  Oceanica  have  been  divided 
among  the  nations  without  a  single  appeal  to  arms.  ^ 
In  this  manner  Egypt,  too,  has  been  brought  under 
European  control ;  and  although  Great  Britain  has 
there  succeeded  in  making  herself  the  paramount 
power,  still,  some  important  parts  of  the  Egyptian 
administration  —  the  Caisse  de  la  dette  and  the 
Mixed  Tribunals  —  have  remained  international  in 
character.  The  existence  of  the  Kongo  Free^^ 
State,  which  has  now  virtually  become  a  Belgian 
colony,  is  due  also  to  treaty  arrangements.  Most 
recently,  the  feeling  of  international  solidarity  has 
been  strong  enough  to  steer  the  western  powers 
with  comparative  safety  through  all  the  dangers 
consequent  upon  the  Chinese  uprising.  It  may, 
therefore,  be  said  that  while  the  great  powers  are 
animated  by  an  intense  desire  to  extend  their 
national  influence,  and  to  leave  their  mark  on  the 
destiny  of  the  world,  they  have  still  been  ready  to 
subordinate  their  individual  aims  in  many  cases 
to  the  exigencies  of  the  more  general  interests  of 
humanity.  They  have  not  been  without  the  spirit 
of  accommodation,  and  have  striven  to  maintain  a 
certain  balance  which  would  enable  all  to  have 
their  share  in  the  dominion  of  the  world. 

Among  all  the  political  institutions  of  modern 

V'   colonial  expansion  none  have  been  more  important 

than  spheres  of  influence  and  protectorates.     Both 

of  these   relations   have   their  origin,  formally  at 

1  The  acquisition  of  the  Philippines  by  the  United  States  was  an 
uncontemplated  result  of  a  war  begun  for  a  different  purpose. 

I02 


SPHERES   OF   INFLUENCE 

least,  in  international  law,  as  both  are  the  creation 
of  treaties;  the  unilateral  act  of  any  state  can 
become  the  basis  of  a  valid  claim  to  new  territory 
only  through  occupation  or  conquest.  The  term 
"  sphere  of  influence  "  has  been  used  with  the  great- 
est latitude  of  meaning  and  has  been  applied  to 
a  great  variety  of  relations ;  but  through  all  these 
uses  there  run  a  number  of  characteristics  which 
may  be  determined  with  a  fair  degree  of  accuracy. 
The  sphere  of  influence  is  distinguished  from 
occupation  in  t"hat  it  does  not  involve  material 
possession,  nor  the  immediate  creation  of  the 
machinery  of  government.  In  fact,  its  essential 
element  is  a  negative  one  ;  namely,  the  principle 
that  no  other  power  or  nation  except  the  one  in 
whose  favor  the  sphere  of  influence  exists  shall  be 
permitted  to  exert  any  political  authority  within  a 
certain  territory,  leaving  the  privileged  power  free 
to  act  as  its  interests  and  inclinations  may  prompt. 
A  sphere  of  influence  may  hence  be  defined  as  a 
tract  of  territory  within  which  a  state,  on  the  basis 
of  treaties  with  neighboring  colonial  powers,  en- 
joys the  exclusive  privilege  of  exercising  political 
influence,  of  concluding  treaties  of  protectorate,  of 
obtaining  industrial  concessions,  and  of  eventually 
bringing  the  region  under  its  direct  pohtical  con- 
trol. The  dominant  idea,  however,  is  the  exclusion 
of  the  political  activities  of  other  powers  and  the 
consequent  reservation  by  the  privileged  state  of  a 
free  hand.  It  does  not  refer  to  any  positive  exer- 
cise of  authority  by  the  latter. 

103 


COLONIAL  GOVERNMENT 

yj  The  doctrine  of  spheres  of  influence  has  found 
its  most  important  appHcation  in  the  partition  of 
Africa.  On  the  basis  of  the  doctrine  of  the  hin- 
terland, any  power  which  had  a  strip  of  coast  land 
claimed  also  the  exclusive  right  of  exploiting  and 
reducing  to  possession  the  interior  region  lying 
back  of  the  coast  colony.  When  the  Kongo  Act 
had  rendered  the  maintenance  of  such  stupendous 
claims  impossible,  the  powers  sought  through  inter- 
national treaties  to  secure  their  proper  share  in 
the  expectancies  of  Africa,  without  the  cost  which 
actual  occupation  would  entail,  and  without  the 
danger  of  eventual  boundary  disputes.  In  this 
manner  Africa  was  peacefully  portioned  out  among 
the  great  nations,  who  received  tracts  of  territory 
far  beyond  their  actual  present  power  of  control 
and  assimilation.  These  treaties,  which  were  usu- 
ally concluded  between  two  powers  whose  claims 
were  likely  to  conflict,  simply  established  and  de- 
limited spheres  of  influence  as  between  the  parties 
to  the  agreement,  and  did  not  in  any  way  preclude 
the  rights  of  the  powers  who  had  not  assented. 
In  other  words,  such  agreements  do  not  bestow 
upon  a  state  the  rights  which  it  would  have  ac- 
quired against  all  the  world  by  actual  occupation. 
They  are  simply  arrangements  by  which  one 
power  promises  another  to  forego  political  activity 
and  economic  privileges  in  a  certain  region. 

The  most  important  among  these  many  treaties 
were  the  following :  {a)  the  Anglo-German  agree- 
ment of  1885,  concerning  Southwest  Africa;  that 

104 


SPHERES   OF   INFLUENCE 

of  April,  1886,  which  delimited  the  respective 
spheres  of  interest  in  the  Pacific ;  that  of  August, 
1886,  which  settled  the  boundaries  of  Kamerun; 
the  important  treaty  of  July  i,  1890,  which  fixed 
the  boundaries  of  the  East  African  spheres  and 
recognized  the  British  protectorate  over  Zanzibar 
and  the  sultanate  of  Vitu ;  and  the  Delagoa  Bay 
agreement  of  1 898  ;  {b)  the  Franco-German  treaties 
of  December  4,  1885,  delimiting  Togo  and  Kam- 
erun; and  of  March,  1894,  fixing  the  respective 
spheres  in  the  region  of  Lake  Chad ;  and  {c)  1  . 
the  Anglo-French  agreements  of  1890,  respecting 
Algeria,  the  Niger,  Sokoto,  and  Madagascar;  of 
June,  1898,  relating  to  the  Niger  region;  and  of 
1899,  fixing  the  boundaries  in  the  Eastern  Sudan. 
In  Asia  the  most  important  spheres  of  influence 
are  those  of  the  French  and  the  British  in  Siam, 
which  were  created  by  the  agreement  of  1896. 
Outside  of  this  instance  the  term,  with  respect  to 
Asiatic  affairs,  is  used  in  a  more  lax  and  indefinite 
manner,  and  it  does  not  always  have  for  its  basis 
a  treaty  relation.  As  used  in  a  less  technical  sense, 
the  term  does  not  indicate  more  than  an  inchoate 
sphere  of  influence,  claimed  by  a  certain  power, 
but  as  yet  not  sanctioned  by  international  agree- 
ment. In  this  manner  Great  Britain  claims  south- 
ern Persia  and  the  entire  littoral  of  the  Persian 
Gulf  from  Koweit  to  Bander-Abbas  and  to  Muscat, 
while  Russia  regards  as  her  undisputed  sphere  the 
region  north  of  Teheran ;  but  no  dehmitation 
agreement  has  ever  been  concluded  between  the 

105 


COLONIAL  GOVERNMENT 

two  powers,  nor  are  claims  by  other  nations  posi- 
tively excluded.  We  shall,  however,  see  that  the 
Russian  claim  has  quietly  and  gradually  ripened 
into  an  informal  protectorate.  Similar  inchoate 
spheres  of  influence  are  in  the  process  of  develop- 
ment in  Asia  Minor  and  Syria.  Here,  however, 
they  have  not  yet  emerged  from  the  purely  tenta- 
tive stage ;  the  nations  are  only  feeling  their  way, 
and  are  still  so  uncertain  of  their  position  as  to 
refrain  from  claiming  any  definite  area  for  their 
exclusive  influence. 

There  has  of  late  been  much  speculation  with 
regard  to  informal  spheres  of  influence  through 
which  the  European  powers  are  endeavoring  to 
exclude  each  other  from  certain  portions  of  the 
Celestial  Empire.  China  has  made  non-alienation 
agreements  with  Great  Britain,  Germany,  Russia, 
and  Japan,  in  which  these  nations  obtained  of  the 
Chinese  government  the  promise  that  it  would 
not  alienate  a  given  province  to  any  but  the 
contracting  power.  Of  this  kind  is  the  agree-  • 
ment  with  Great  Britain,  in  which  China  promised 
never  to  alienate  any  portion  of  the  Yangtze  basin 
to  any  other  foreign  nation,  and  that  in  case  an 
alienation  should  be  decided  upon,  it  would  be 
made  to  Great  Britain.  These  agreements  have 
been  called  "  the  last  will  of  the  sick  man."  They 
would,  however,  furnish  a  very  unsafe  basis  for  a 
delimitation,  should  a  partition  be  attempted. 
1/  Thus,  for  instance,  China  has  promised  both  to 
France  and  to  Great  Britain  not  to   alienate  the 

io6 


>:' 


SPHERES   OF   INFLUENCE 

province  of  Yun-nan  to  any  other  power ;  there- 
fore, the  two  treaties  taken  together  amount  to  the 
very  simple  agreement  on  the  part  of  China  not 
to  alienate  the  province  of  Yun-nan  at  all.  More- 
over, these  so-called  spheres  of  influence  have 
never  had  their  boundaries  defined,  even  by  the 
nations  who  claim  them.  But  the  most  important 
reason  why  the  spheres  of  influence  in  China 
fall  short  of  the  normal,  is  the  fact  that  they  do 
not  rest  upon  treaties  among  the  claimant  powers, 
but  simply  upon  agreements  between  individual 
states  and  the  Chinese  government.  There  are  a 
few  exceptions  to  this  statement ;  for  instance, 
the  Anglo-German  agreement  respecting  the  de- 
velopment of  Shan-tung,  and  the  Anglo-Russian 
understanding  concerning  railways  in  northern 
China.  But  in  these  cases  the  relations  contem- 
plated in  the  agreements  are  not  sufficiently  com- 
prehensive to  amount  to  the  actual  establishment 
of  true  spheres  of  influence. 

South  America  has  often  been  called  a  sphere 
of  influence  of  the  United  States.  The  complex 
of  relations  which  exist  in  this  case,  however, 
falls  short  of  the  true  character  of  this  institution. 
While  the  United  States  has  attempted,  and  so  far 
successfully  maintained,  the  exclusion  of  European 
political  influence  from  the  Latin-American  repub- 
lics, she  has  done  so,  not  through  treaty  arrange- 
ments, but  by  adhering  to  a  policy  announced 
simply  by  herself.  Moreover,  the  purpose  of  this 
exclusion  has  been  rather  to  permit  the  sponta- 

107 


COLONIAL   GOVERNMENT 

neous  development  of  the  Latin-American  repub- 
lics, than  to  afford  the  United  States  an  opportunity 
gradually  to  assert  her  poHtical  authority  over 
them.  So  that,  both  in  origin  and  in  purpose,  the 
relation  of  the  United  States  to  her  southern 
neighbors  differs  materially  from  that  involved  in  a 
sphere  of  influence. 

REFERENCES 

Banning,  E.,  Le  Partage  politique  de  VAfrique.     Brussels, 

1888. 
Bonnefon,  E.  L.,  DAfrique  politique  en  igoo.     Paris,  1900. 

pp.  9-29. 
Driault,  E.,  Les  Problhnes  politiques  et  sociaux  a  la  fin  du 

XIX^  sihle.     Paris,  1900.     Ch.  VII. 
Fabri,  F.,  Fiinfjahre  deutscher  Kolonialpolitik.    Gotha,  1889. 
Heimburger,  K.,  Der  Erwerb  der  Gebietshoheit.      Karlsruhe, 

1888. 
Hertslet,  Sir  E.,  The  Map  of  Africa  by  Treaty.     London, 

1896. 
Hill,  S.  M.,  "The  Growth  of  International  Law  in  Africa." 

Law  Quarterly  Review^  XVI.    249. 
Johiiston,  Sir  H.  Yi.^  A  History  of  the  Colonization  of  Africa 

by  Alien  Races.     Cambridge,  1899. 
Keller,  A.  G.,  "  The  Beginnings  of  German  Colonization." 

In  Yale  Review^  X.    30-52. 
Keltie,  J.  S.,  The  Partitio7i  of  Africa.     London,  1893. 
Lebon,  L.,  La  Politique  de  la  France  en  Afriqjce,  i8g6-i8gS. 

Paris,  1900. 
Salomon,  C,  DOccupatiott  des  territoires  sans  ?naUre.    Paris, 

1889. 
Schmidt,  R.,  Deutschlaiids  Kolonien.     Berlin,  1895-1896. 
Stengel,  K.  v..  Die  deutschen  Schutzgebiete.     Munchen,  1895. 
White,  A.  S.,  The  Develop7nent  of  Africa.     London,  1890. 

Ch.  X. 

108 


CHAPTER  VIII 

COLONIAL    PROTECTORATES 

When  a  state  has  succeeded  in  excluding  other 
nations  from  the  opportunity  of  exerting  political! 
influence  within  a  certain  region,  it  may  then  set 
to  work  and  develop  its  own  authority  therein, 
either  by  occupation,  by  annexation,  or  by  the 
establishment  of  protectorates.  The  latter  is  the 
favorite  mode  of  transition  from  the  negative 
sphere  of  influence  to  a  positive  direct  control. 

Starting  from  the  conception  of  a  protectorate     ( 
as  it  exists  in  international   law,  colonial   politics 
has,  by  adapting  the  general  elements  of  this  rela- 
tion   to   its  own  uses,  developed  a  new  and  very 
flexible  institution.     The  international  conception  \ 
presupposes  two  separate  stales^  the  weaker  of  whrctr   j 
places  itself,  by  treaty,  under  the  protection  of  the    I 
stronger,  retaining  its  internal  autonomy,  but  per-  / 
initting  the  protecting  state  to  exert  a  guiding  in-  ? 
fluehce  in  its  foreign  affairs.     The  j;^elations  which^ 
are  established  between  the  two  states  are  purely 
personal  in  nature,  and  the  protecting  power  does 
not   exercise   any  degree  of  direct  territorial  sov- 
ereignty.    The  principles  of  constitutional  law  are  , 
not   applicable   to    the    relation    of    protectorate, 

109 


COLONIAL   GOVERNMENT 

which  rests  entirely  on  a  treaty  basis,  and  which 
does  not  involve  the  legal  subordination  in  matters 
of  internal  government  of  one  state  to  the  other. 
As  this  conception  has  been  applied  to  colonial 
politics  it  has  been  modified  in  many  respects,  so 
that  the  colonial  protectorate  differs  quite  materi- 
ally from  the  international  institution  which  con- 
stitutes  the  point  of  departure  for  its  development. 
^  The  very  idea  of  a  sphere  of  influence  poten- 
tially involves  the  protectorate.  As  diplomatic 
and  political  relations  with  other  powers  are  ex- 
cluded, the  state  by  which  the  sphere  of  influence 
is  claimed  must  hold  itself  ready  to  protect  the 
territory  and  its  populations  against  attacks  from 
without ;  and,  moreover,  it  will  also  be  held  respon- 
sible to  a  certain  extent  for  the  conditions  existing 
within  such  sphere.  Hence,  a  certain  amount  of 
interference  in  the  internal  affairs  of  the  region  is 
usually  unavoidable.  The  purpose  of  the  suzerain 
government  may  be  to  bring  about  a  direct  control 
over  the  territory  of  its  sphere  of  influence  as  soon 
as  possible :  in  this  case  the  protectorate  will  be 
used,  but  only  as  an  intervening  transitional  stage  ; 
before  long  it  will  become  a  protectorate  in  form 
only,  or  will  give  way  entirely  to  direct  administra- 
tion. On  the  other  hand,  it  may  be  the  policy  of 
the  paramount  power  to  preserve  the  local  institu- 
tions, and  to  use  the  protectorate  as  a  permanent 
method  of  control.  For  this  reason  there  are  as 
many  varieties  of  protectorates  as  there  are  forms 
which  the  relations  between  a  strong  colonial  power 

no 


COLONIAL   PROTECTORATES 

and  a  weaker  native  state  can  assume,  short  of  the 
complete  annihilation  of  the  subordinate  govern- 
ment. 

There  are,  however,  certain  essential  features  v 
and  conditions  which  may  be  found  wherever  the 
colonial  protectorate  exists.     These  may  be  sum- 
marized as  follows  :  first,  that  the  native  authorities  t 
continue  to  reign,  and  that  the  local  institutions 
and   customs   shall   not   be   interfered  with ;   sec-  ^ 
ond,  that  the  protected  stat-#4^as-polkieaJ:  relatiems 
with  the  pr-eteeting"fy€)wer  only,  and   that   it   re- 
linquishes  the  right  of  declaring  war ;  third,  that  "^ 
it  admits  a  political  resident  as  representative  of 
the   protecting   power,    and  thus  enables  the  lat- 
ter to  exercise  a  personal  influence  upon  the  gov- 
ernment of  the  protected  state ;  fourth,  that  while,  ^ 
as  a  rule,  native  laws  and  customs  are  permitted 
to  continue   in  force,  they  shall   yield  when  the 
imperial   interests   absolutely    demand.      The   re- 
sponsibility which  the  paramount  power  assumes 
will  not  permit  it  to  tolerate  within  the  protected 
territory  gross  misrule,  hopeless  indebtedness,  or 
barbarous  practices  which  would  offend  the  ele- 
mentary ideas  of   humanity.     In  general,  it  may    v 
be  said  that  international  law  looks  upon  colonial 
protected  territory  as  a  part  of  the  protecting  state, 
and   holds   the   latter    responsible   for    conditions 
within  it  and  for  acts  emanating  from  it ;  on  the 
other  hand,  with  respect  to  municipal  law,  colonial 
protectorates  are  usually  treated  as  distinct  from 
the  national  territory,  and  as  not  sharing  the  legal 

III 


COLONIAL   GOVERNMENT 

institutions  of  the  protecting  state,  nor  as  subjected 
to  its  direct  legislative  authority. 

The  protectorates  which  exist  in  regions  inhab- 
ited by  barbarian  races  are,  as  a  rule,  intended  to 
be  merely  ephemeral,  and  to  constitute  a  veil  for 
speedy  annexation.  Of  this  kind  are  most  of  the 
protectorates  existing  in  the  central  zone  of  Africa. 
Treaties  of  protectorate  have  been  concluded  by 
the  hundred  with  the  native  chieftains,  who  very 
often  did  not  have  the  remotest  knowledge  of  the 
true  import  of  the  instrument  which  they  were  in- 
duced to  sign.  In  this  manner  Stanley  created  a 
large  number  of  protectorates  in  the  Kongo  State ; 
\f  and  Dr.  Peters,  in  a  six  weeks'  journey  which  he 
took  through  the  prospective  German  sphere  of  in- 
fluence in  East  Africa,  succeeded  in  making  no  less 
than  twelve  "solemn  treaties,"  by  which  the  Ger- 
man protectorate  was  acknowledged  over  an  area 
of  some  fifty  thousand  square  miles.  Similarly 
the  agents  of  the  great  British  chartered  companies 
in*  East  Africa,  Rhodesia,  and  along  the  Niger, 
concluded  numerous  agreements  with  the  native 
chieftains,  most  famous  among  which  is  the  treaty 
in  which  Lo-bengula  admitted  the  protectorate  of 
the  British  government  over  his  territories.  These 
treaties  are  very  often  so  worded  as  to  imply  an 
almost  complete  cession  of  sovereignty.  Thus  the 
agreement  signed  by  the  Wanyassa  chiefs  contains 
the  following  provision :  **  That  we  give  over  all 
our  country  within  the  above  described  limits,  all 
sovereign  rights  and  every  other  claim,  absolutely 

112 


COLONIAL   PROTECTORATES 

without  any  reservation  whatsoever,  to  Her  Most 
Gracious  Majesty  the  Queen,  for  all  time  coming."  ^ 
Treaties  of  this  kind  reveal  the  purpose  of  the  pro- 
tecting power  speedily  to  exercise  direct  political 
control.  But  even  where  a  more  moderate  pro- 
tectorate is  provided  for,  as  in  the  treaty  with 
Lo-bengula,  the  supplanting  of  native  authority 
often  progresses  very  rapidly ;  so  that  in  general 
the  protectorate  cannot  be  looked  upon  as  likely 
to  become  a  permanent  form  of  colonial  govern- 
ment in  the  greater  part  of  Africa. 

In  a  similar  manner  the  French,  even  in  dealing 
with  races  of  a  higher  civilization,  use  the  protec- 
torate as  only  a  temporary  and  transitional  form, 
and  introduce  French  law  and  institutions,  together 
with  direct  administrative  control,  as  rapidly  as  the 
circumstances  will  permit.  It  is,  of  course,  conceiv- 
able that  they  may  abandon  their  traditional  policy 
of  complete  assimilation,  at  least  in  such  countries 
as  Tongking  and  Tunis  ;  and  there  are  certain  indi- 
cations that  there  is  growing  up  among  contempo- 
rary French  publicists  and  statesmen  a  feeling  of 
opposition  to  the  current  ideas  on  this  matter. 
However,  for  the  time  being,  the  ideal  of  assimila- 
tion is  still  in  the  ascendant,  and  the  average 
French  administrator  has  no  doubts  concerning 
this  policy. 

Among  the  French  protectorates  that  of  Tunis 
has  departed  least  from  the  standard  of  interna- 
tional law.     The  direct  annexation  of  Tunis  was 

1  Hertslet,  The  Map  of  Africa  by  Treaty,  I.,  1 88. 
\  113 


COLONIAL  GOVERNMENT 

declined  by  Jules  Ferry  and  Freycinet,  in  order  to 
avoid  international  difficulties  and  the  assumption  of 
the  Tunisian  debt,  as  well  as  to  prevent  the  interfer- 
ence of  the  Chambers  in  the  intricate  affairs  of  the 
African  state.  The  Bey  of  Tunis  was  hence  re-  ^-'' 
tained  as  nominal  sovereign,  and  the  local  admin- 
istration remained  everywhere  in  the  hands  of  the 
Arab  magistrates.  The  French  resident,  however, 
became  as  Minister  of  Foreign  Affairs  virtually  the 
prime  minister  of  the  Bey,  although  that  title  is 
borne  by  a  Tunisian  ;  and  out  of  a  total  of  nine 
ministers,  at  present,  the  seven  who  hold  the 
most  important  charges  are  Frenchmen.  For  the 
purpose  of  controlling  the  local  administration 
{controle  civil)  the  country  is  divided  into  thirteen 
districts,  each  of  which  has  its  French  resident  or 
cojitroleur.  Thus,  while  the  French  have  pre- 
served the  native  authorities,  they  have  been  able, 
through  the  control  which  their  residents  exercise, 
to  introduce  a  large  number  of  reforms  modelled 
upon  French  methods  and  institutions.  On  account 
of  the  respect  with  which  the  native  leaders  have 
been  treated,  friction  like  that  which  made  the 
administration  of  Algiers  so  difficult  has  been 
avoided  in  the  case  of  the  Tunisian  protectorate. 
The  affairs  of  Tunis  are  not  administered  through  n 
the  French  Colonial  Office ;  but,  in  accord  with 
the  quasi-international  character  of  the  relation,  the 
Foreign  Office  acts  as  intermediary  between  the 
French  government  and  the  protected  st2itQm[ ffjjA 
In  their  Indo-Chinese  possessions  the  Freiich 
114 


COLONIAL   PROTECTORATES 

have,  in  like  manner,  as  in  their  North  African 
dependencies  of  Algeria  and  Tunis,  applied  both 
methods,  that  of  direct  administration  and  that  of 
the  protectorate.  The  French  empire  in  Indo- 
China  is  composed  of  four  parts :  Cochin  China, 
Cambodia,  Anam,  and  Tongking.  These  four  pos- 
sessions are  united  under  the  administration  of  a 
governor-general,  who  is  dependent  upon  the 
Colonial  Office.  This  fact  indicates  a  tendency 
and  intention  to  treat  all  the  parts  of  Indo-China 
as  colonies.  Thus  far,  however.  Cochin  China 
alone  is  under  direct  colonial  administration,  while 
the  other  provinces  are  considered  protectorates. 
In  this  region  the  French  have  an  advanced 
civilization  and  a  highly  organized  social  life  to 
deal  with.  The  Chinese  social  and  political  system 
has  furnished  the  model  for  Anamite  institutions ; 
simple  and  peaceful  ideals  lend  dignity  to  the  life 
of  the  people,  who  are  guided  by  men  whose  posi- 
tion of  leadership  is  acquired  through  intellectual 
attainments.  The  universal  respect  which  the  w 
mandarins  generally  enjoy  among  the  people  is 
merited  by  their  high  character  and  genuine  de- 
votion to  the  public  welfare.  Although  with  them, 
too,  the  Chinese  system  of  ''  squeezing  "  prevailed 
before  the  French  occupation,  and  no  settled  fee 
system  was  established,  the  sum  total  of  their 
exactions  was  by  no  means  exorbitant,  and  did  not 
compare  with  the  present  cost  of  administration. 
Under  their  government  the  people  were  uniformly 
well-to-do,  the  extremes  of  wealth  and  poverty  were 

115 


COLONIAL   GOVERNMENT 

absent,  and  luxury  was  unknown.  In  Cochin 
China  this  local  civilization  was  ruthlessly  attacked 
by  the  French  in  their  attempts  to  introduce, 
as  rapidly  as  possible,  the  complete  system  of 
European  institutions.  The  mandarinate  was  re- 
duced to  an  empty  title,  which  was  usually  be- 
stowed upon  appointees  of  no  credit  or  influence  . 
among  the  people.  In  general,  French  adminis-  %/ 
tration  in  this  colony,  by  common  consent,  stands 
out  prominently  as  an  example  of  the  evil  effects  of 
arbitrary  interference  with  a  native  social  system. 

The  adjacent  kingdom  of  Cambodia  was  occu- 
pied by  the  French  in  1863,  under  a  treaty  of  pro- 
tection. The  original  treaty  authorized  the  French 
government  to  maintain  order  and  authority  within 
Cambodia,  to  protect  it  against  external  attacks,  to 
assist  in  the  collection  of  imposts,  and  to  facilitate 
communication  with  the  sea.  As  a  return  for  this 
service  of  protection,  free  entry  was  to  be  accorded 
to  French  goods,  Catholic  propaganda  was  to  be 
permitted,  and  the  Cambodian  forests  were  placed 
at  the  disposal  of  the  French  government  for  the 
purpose  of  exploitation  by  concessions. 

In  Anam  the  French  protectorate  was  estab- 
lished by  treaty  in  1884,  when  the  Anamite  court 
conceded  to  the  French  resident  the  exclusive  right 
of  audience.  Control  over  all  the  departments 
of  government  was  rapidly  developed  under  this 
treaty,  as  it  was  also  in  Tongking  after  the  treaty 
of  cession  which  ended  the  war  of  1885.  In  both 
of  these  protectorates  the  mandarinate  was  retained 

116 


COLONIAL  PROTECTORATES 

as  an  institution  of  government.  The  mandarins 
are  elected  from  the  body  of  educated  men  by 
the  notables  of  the  local  administrative  districts. 
They  wield  a  powerful  influence  over  the  native 
population,  who  look  up  to  them  as  their  natural 
and  trusted  leaders.  Unfortunately  the  French 
residents  have,  in  general,  not  been  able  to  over- 
come a  settled  distrust  of  these  native  officials. 
During  the  first  decade  of  French  rule,  young  and 
inexperienced  French  assistant  residents  often 
issued  sweeping  orders  to  the  mandarins,  who  were 
naturally  not  anxious  to  enforce  mandates  which 
their  long  experience  and  intimate  knowledge  of 
local  conditions  taught  them  to  regard  as  danger- 
ous. This  reluctance  to  comply  speedily  with 
every  order  from  above  was  interpreted  by  the 
French  residents  as  due  to  a  latent  hostility  and 
treachery,  and  the  French  administration  was  re- 
peatedly on  the  verge  of  sterilizing  the  mandarin- 
ate  in  the  same  manner  as  had  been  done  in 
Cochin  China.  Whenever,  on  the  other  hand,  the 
governor-general  frankly  trusted  the  mandarins 
and  allowed  them  to  solve  a  certain  problem  of 
politics  by  their  own  wisdom  and  upon  their  own 
responsibility,  he  was  rewarded  by  a  very  prompt 
and  efficient  cooperation  on  the  part  of  these 
magistrates.  In  1891,  for  instance,  the  mandarins 
assisted  the  French  most  materially  in  restoring 
peace  and  order  throughout  the  country.  Not- 
withstanding this,  though  the  institution  of  the 
mandarinate  has  been  preserved,  the  French  have 

117 


COLONIAL   GOVERNMENT 

thus  far  failed  to  profit  adequately  from  the  natural 
strength  of  the  native  magistracy,  but  have  often, 
by  unwarranted  interference  and  by  unconcealed 
distrust  and  jealousy,  neutralized  its  power  and 
impaired  its  capacity  for  good. 
,/  The  most  interesting  experiments  with  the  pro- 
tectorate, which  are  also  likely  to  result  in  the 
greatest  permanence,  are  those  made  by  Great 
Britain  in  the  native  states  of  India.  The  history 
of  the  Indian  protectorates  is  practically  the  his- 
tory of  British  rule  in  India,  and  it  is,  therefore, 
impossible  for  us  here  to  give  more  than  the  barest 
outline  of  their  development.  After  the  English 
had  estabhshed  their  territorial  empire  in  India 
upon  a  firm  basis  by  the  battle  of  Plassey,  they 
for  upward  of  fifty  years  avoided  the  policy  of 
further  territorial  expansion,  and  surrounded  them- 
selves with  a  protecting  barrier,  a  ring-fencey  com- 
posed of  independent  but  friendly  native  states. 
During  this  period,  which  extended  to  the  end  of 
Lord  Minto's  governorship  in  1813,  the  British 
governors,  with  the  sole  exception  of  Lord  Welles- 
ley,  avoided  everything  that  could  involve  them  in 
new  territorial  responsibilities.  They  maintained 
treaties  of  mutual  protection  with  their  nearest 
neighbors,  such  as  the  states  of  Oudh,  Mysore,  and 
Hyderabad.  With  the  government  of  these  states, 
however,  they  in  no  wise  sought  to  interfere,  nor 
did  they  attempt  to  subordinate  them  to  British 
political  tutelage.  They  merely  relied  upon  a 
partnership  with  these  allies  for  protection  against 

118 


COLONIAL   PROTECTORATES 

the  surging  mass  of  Mohammedan  and  Mahratta 
warriors  in  the  interior  of  India.  Nor  were  they 
willing  to  conclude  treaties  of  protection,  even 
when  states  like  Bhopal  asked  for  it. 

This  stationary  policy  could  not,  however,  main- 
tain itself.  As  the  power  and  influence  of  the 
'Company  grew,  the  men  by  whom  the  councils  of 
government  were  swayed  became  ambitious  for  a 
recognized  primacy  among  the  Indian  states.  So 
they  no  longer  refused  to  conclude  treaties  of  pro- 
tection with  the  native  rulers,  and  the  policy  of 
subsidiary  alliance  or  subordinate  isolation  was  en- 
tered upon.  This  policy  involved  the  acknowledg- 
ment of  the  Indian  government  as  the  protecting 
power  over  a  constantly  increasing  circle  of  neigh- 
boring states,  which  it  was  the  policy  of  the  British 
to  keep  isolated  as  much  as  possible.  Though  thus 
assuming  the  leadership  in  matters  of  external  poli- 
tics, the  Indian  government  continued  to  refrain 
punctiliously  from  all  interference  with  the  internal 
administration  of  the  native  states.  This  policy 
rapidly  led  to  such  a  state  of  affairs  that  several  suc- 
cessive British  governors  felt  themselves  obliged 
to  resort  to  a  policy  of  annexation  on  a  large  scale. 
Freed  from  the  danger  of  attacks  from  without, 
many  of  the  native  rulers  had  given  themselves 
over  t-o  an  irresponsible  Ufe  of  pleasure,  subjecting 
their  countries  to  unbearable  extortion  and  misrule. 
The  British  Indian  government,  whose  treaties  of 
protectorate  were  indirectly  responsible  for  this 
condition,  saw  at  the  time  no  other  means  of  solv- 

119 


COLONIAL   GOVERNMENT 

ing  the  thorny  problem  of  local  misgovernment  than 
by  the  prompt  deposition  of  the  offending  rulers. 
The  doctrine  of  lapse  was  developed  and  applied, 
by  which,  upon  failure  of  a  direct  heir,  the  territo- 
ries of  a  reigning  house  were  held  to  escheat  to 
the  Indian  government.  These  repeated  annexa- 
tions and  confiscations  of  native  states,  culminating 
in  the  deposition  of  the  ruler  of  Oudh,  were  the 
direct  cause  of  the  great  mutiny  of  1857. 

After  the  mutiny  had  been  suppressed  and  the 
government  of  India  assumed  completely  by  the 
British  crown,  a  different,  and  up  to  the  present 
final,  policy  was  adopted  with  respect  to  the  native 
states,  which  was  based  upon  the  experience  of  the 
stormy  decades.  The  policy  of  applying  the  pure 
international  model  of  the  protectorate,  which 
demanded  complete  avoidance  of  interference  in 
the  internal  affairs  of  protected  states,  had  failed, 
and  it  had  also  been  shown  that  a  policy  of  annex- 
ation was  no  less  dangerous.  To  avoid,  on  the  one 
hand,  intolerable  abuses  in  the  native  states,  and, 
on  the  other,  the  wholesale  distrust  and  disaffec- 
tion of  the  native  princes,  it  was  necessary  that  the 
latter  while  made  absolutely  secure  of  their  position 
and  heritable  rights,  should  not  be  permitted  to 
ruin  their  states  by  misgovernment.  The  Queen's 
proclamation  of  1858  accordingly  declared  that  the 
religious  and  social  institutions  of  India  should  not 
in  future  be  interfered  with,  while  the  native  rulers 
were  assured  of  the  protection  of  Great  Britain  in 
the  maintenance  of  authority  over  their  inherited 

120 


COLONIAL  PROTECTORATES 

realms.  The  new  policy,  to  which  time  has  now  1/ 
given  the  promise  of  permanency,  may  be  defined 
as  the  preservation  of  native  authority  and  the 
exercise  over  it  of  a  considerate  control ;  thus  the 
idea  of  subordinate  isolation  has  given  way  to  sub- 
ordinate union.  The  doctrine  of  lapse,  although 
not  formally  disavowed,  has  not  been  applied  in 
practice  since  the  time  of  the  mutiny.  To  practi- 
cally all  of  the  reigning  houses,  in  view  of  their 
loyalty  to  the  crown,  sanads^  have  been  issued, 
assuring  them  of  the  right  of  succession  even  in 
case  the  adoption  of  an  heir  should  be  necessary. 
In  this  manner  the  native  rulers  have  been  given 
a  sense  of  complete  security,  as  there  is  ordinarily 
no  direct  or  open  interference  with  their  sovereign 
rights  and  functions.  In  the  political  resident  who 
represents  the  Indian  government  at  the  native 
court,  the  rajah  sees  but  a  helpful  adviser,  whose 
ripe  experience  he  is  glad  to  rely  upon  in  difficult 
cases.  Whenever  the  resident  is  forced  to  bring 
influence  to  bear  upon  the  regent,  it  is  done  in  a 
manner  calculated  not  to  offend  the  latter' s  dignity 
or  sense  of  importance.  The  great  problem  of  the 
resident  is  to  induce  the  regent  to  identify  his  own 
interests  with  the  policy  of  the  irhperial  govern- 
ment. Nowhere  is  it  more  necessary  for  those 
in  power  to  adhere  to  Burke's  famous  principle 
that  "  nations  are  governed  by  a  knowledge  of  V 
their  temper  and  by  a  judicious  management 
of  it." 

1  Formal  letters  having  the  force  of  an  edict. 

121 


COLONIAL   GOVERNMENT 

\}  The  restrictions  which  are  imposed  upon  the 
native  states  may  be  summarized  as  follows. 
They  are  not  allowed  to  engage  in  war  nor  in  any 
kind  of  armed  hostihty  on  their  own  account,  nor 
are  they  allowed  to  entertain  political  relations 
with  each  other  or  with  a  foreign  power ;  no  loans 
can  be  negotiated  by  them  with  foreigners  nor 
with  British  subjects  without  the  consent  of  the 
resident;  customs  and  duties  must  not  exceed  a 
reasonable  rate  ;  complete  rehgious  toleration  is 
enforced  throughout  the  native  states ;  gross  mis- 
rule and  the  prevalence  of  inhuman  practices  or 
offences  against  public  morality  are  a  valid  cause 
for  interference  by  the  Indian  government.  Lord 
Harris,  in  a  letter  addressed  to  the  Nawab  of 
Cambay,  in  1890,  thus  defines  the  position  of  the 
government :  "  The  British  government  cannot 
consent  to  incur  the  reproach  of  enforcing  submis- 
sion to  an  authority  which  is  only  used  as  an 
instrument  of  oppression." 

In  cases  of  misrule,  the  interference  on  the  part 
of  the  Indian  government,  however,  has  since  the 
mutiny  never  proceeded  farther  than  to  require  a 
change  of  native  sovereigns ;  the  assumption  of 
direct  authority  has  in  no  case  been  considered 
advisable.  Consequently,  the  area  of  the  native 
states  has  not  diminished  since  1858;  on  the  con- 
trary, it  has  been  increased  by  the  addition  of  the 
territory  of  Mysore,  which  since  1831  had  been 
under  the  direct  administration  of  the  Indian  gov- 
ernment.   .While  the   native  ruler   had   not  been 

122 


COLONIAL  PROTECTORATES 

deprived  of  his  formal  dignity,  it  was  only  in  1881 
that  the  actual  power  of  governing  was  restored  to 
the  Rajah.  The  deed  of  transfer^  made  on  this 
occasion  contains  a  complete  statement  of  the 
relations  between  the  Indian  government  and  the 
native  state,  and  hence  constitutes  an  exceedingly 
valuable  document.  In  two  other  states,  Baroda 
and  Manipur,  interference  has  been  necessary. 
The  Gaikwar  of  Baroda  was  dethroned  in  1875,  on  v- 
account  of  gross  misgovernment.  A  young  prince 
of  the  same  house  was,  however,  appointed  his 
successor,  during  whose  minority  the  resident,  Gen- 
eral Sir  Richard  Meade,  reformed  the  entire  ad- 
ministration according  to  British  models.  Owing 
to  this  temporary  direct  control  by  a  British  resi- 
dent, the  states  of  Mysore  and  Baroda  have,  among 
all  the  native  states,  made  the  greatest  progress  in 
administration.  In  Manipur  the  cause  for  inter- 
vention was  an  internal  rebellion,  and  here,  too,  the 
ruling  house  was  maintained  in  authority. 

While  the  native  states  are  denied  the  right  of 
independent  warfare,  and  while  the  number  of 
soldiery  within  their  limits  is  fixed  by  the  orders 
of  the  Indian  government,  their  military  spirit  has 
been  fostered  to  a  certain  extent  and  enlisted  in 
support  of  the  empire.  In  1885,  when  hostilities 
threatened  on  the  northwest  frontier,  and  again  in 
1887,  the  Indian  government  received  from  several 
of  the  native  princes  the  offer  to  supply  a  contin- 

^The  text  is  given  in  full  in  Lee-Warner,  Protected  Princes  of 
India,  pp.  1 66-1 71. 

123 


COLONIAL   GOVERNMENT 

gent  of  troops  for  the  imperial  defence.  This 
offer  was  finally  accepted  by  the  government,  and 
at  the  present  time  twenty  of  the  native  princes 
together  maintain  eighteen  thousand  troops  for  the 
purpose  of  assisting  the  Indian  army.  These  Kj 
Imperial  Service  Troops,  which  are,  however,  only 
a  part  of  the  armies  of  the  native  states,  are  com- 
manded by  native  officers  and  are  under  the  control 
of  their  respective  rajahs.  Only  in  time  of  actual 
service  do  they  come  under  the  command  of  the  ^ 
general-in-chief  of  the  Indian  army.  The  Indian 
government  supplies  a  number  of  British  officers, 
who  assist  the  native  commanders  in  training  the 
troops  according  to  European  standards  of  effi- 
ciency. 

Questions  of  great  difficulty  are  involved  in  the 
gradual  extension  of  British  jurisdiction  over 
the  native  states.  While,  as  has  been  shown,  the 
character  of  these  states  as  independent  subjects 
of  international  rights  has  been  destroyed,  they 
still  retain  enough  of  their  former  status  to  be  con- 
sidered technically  as  outside  of  the  British  Empire 
in  so  far  as  territorial  jurisdiction  is  concerned. 
Their  relation  to  the  Indian,  and  through  that  to 
the  British,  government  is  a  personal  one,  and  as 
a  general  rule  the  laws  of  Parliament  and  of  the 
Indian  legislature  can  have  no  territorial  applica- 
tion within  them.  The  administration  of  the  ^ 
native  states  can  be  controlled  to  a  certain  extent 
through  the  residents  to  whom  special  orders  are 
given  by  the  Foreign  Office  of  the  Indian  govern- 

124 


COLONIAL  PROTECTORATES 

ment.  But  it  is  important  to  inquire  whether  there 
is  not  a  more  direct  way  by  which  general  Indian 
or  British  legislation  can  reach  the  administration 
of  the  native  states. 

There  are  three  sources  of  the  latter  kind  of  direct 
influence  :  first,  extra-territorial  jurisdiction;  second, 
the  provisions  of  the  Indian  Councils  Act;  and 
third,  special  treaties  and  arrangements  concluded 
by  the  governor-general  of  India  as  representative 
of  the  imperial  power.  As  will  be  shown  more 
fully  in  Chapter  XVIIL,  extra-territorial  consular 
jurisdiction  has  been  used  throughout  the  world 
for  the  purpose  of  introducing  the  national  law 
into  colonial  regions,  and  especially  into  protec- 
torates. The  jurisdiction  over  the  subjects  of  the 
colonial  power  itself  and  over  foreigners  in  the  pro- 
tectorate who  owe  allegiance  to  a  friendly  state,  in 
addition  to  an  ever  increasing  amount  of  consensual 
jurisdiction  over  natives  (in  cases  where  native 
suitors  voluntarily  appeal  to  this  jurisdiction),  grows 
in  compass  and  intensity  so  as  gradually  to  displace 
the  original  native  systems.  The  British  Foreign 
Jurisdiction  Act  of  1890,  which  regulates  this 
matter,  applies  to  foreign  countries  which  are  not 
of  European  civilization  and  also  to  the  protector- 
ates of  Gre^t  Britain.  The  special  jurisdiction  of 
British  courts  in  such  regions  is  under  this  act 
regulated  by  Orders  in  Council,  by  which  the  courts 
are  given  jurisdiction  ordinarily  in  the  following 
cases :  over  British  subjects  and  their  property ; 
over  foreigners,  including  natives  in  protectorates, 

125 


y 


COLONIAL   GOVERNMENT 

who  submit  their  cases  voluntarily ;  and  over 
foreigners  whose  sovereigns  have  by  treaty  placed 
them  under  this  jurisdiction.  Whenever  a  protec- 
torate is  established,  the  jurisdiction  of  the  foreign 
consular  courts  within  the  region  it  embraces,  is 
by  treaty  merged  in  the  jurisdiction  of  the  courts 
of  the  protecting  power.  In  many  cases  the  simple 
quasi-consular  jurisdiction  over  British  residents 
and  foreigners  constitutes  the  total  extent  of  British 
interference  with  jural  relations  in  the  protected 
states ;  but  this  system  is  easily  extended  to  em- 
brace litigation  among  natives  by  consensual  juris- 
diction, and  it  also  has  a  strong  influence  by 
example  upon  the  native  laws  and  courts.  Treaty 
provisions  which  would  prevent  the  exercise  of 
direct  legislative  action  with  respect  to  the  native 
states  do  not  affect  this  quasi-consular  jurisdiction. 
By  the  Indian  Councils  Act  of  1861,  the  Indian 
^  legislative  council  was  given  the  right  of  making 
laws  ''  for  all  servants  of  the  government  of  India 
within  the  dominion  of  princes  and  states  in  alliance 
with  Her  Majesty."  This  power  was  subsequently 
extended  to  the  making  of  laws  for  native  Indian 
subjects  and  "  for  all  British  subjects  of  Her 
Majesty  "  within  the  native  states.^  As  the  term 
"native  subjects"  includes  only  the  people  of 
British  India  proper,  and  not  of  the  protected  states, 
the  Indian  legislature  is  not  given  any  rights  of 
direct  territorial   legislation  within  the  latter,  nor 

1  The  Government  of  India  Act  of  1865,  and  the  Indian  Councils 
Act  of  1869. 

126 


COLONIAL   PROTECTORATES 

can  it  empower  the  British  Indian  courts  of  justice 
to  extend  their  jurisdiction  beyond  the  strict  limits 
of  the  territory  of  direct  dominion.  It  may,  how- 
ever, by  legislating  for  the  official  residents  at  the 
native  courts  who  are  '*  servants  of  the  government 
of  India,"  exert  a  considerable  influence  upon  the 
affairs  within  the  protected  states.  When  the 
ruler  of  Bhopal,  in  1863,  objected  to  this  exercise 
of  legislative  power,  on  the  ground  of  the  treaty 
provision  that  the  jurisdiction  of  the  British  govern- 
ment should  not  be  introduced  into  her  principality, 
she  was  answered,  that  the  ordinary  judicial  system 
of  British  India  would  not  be  extended  to  the 
native  states,  but  that  there  could  be  no  valid  objec- 
tion to  an  exercise  of  sovereign  power  over  British 
servants  and  subjects  even  beyond  the  boundaries 
of  the  territory  of  direct  dominion. 

The  Governor-General  in  Council  has  extensive 
powers  in  this  capacity  as  representative  of  the 
sovereignty  of  the  British  crown.  He  may  thus 
make  arrangements  with  individual  native  states, 
by  which  jurisdiction  in  certain  matters  is  trans- 
ferred to  British  courts.  In  this  manner  all  litiga- 
tion arising  out  of  the  affairs  of  railways  and 
telegraphs  within  the  native  states  has  been 
placed  under  British  jurisdiction.  In  some  cases 
a  complete  cession  of  the  land  to  be  used  for  rail- 
way purposes  was  made  to  the  Indian  government, 
but  it  has  been  found  more  advisable  to  secure 
only  a  transfer  of  jurisdiction.  In  a  similar  man- 
ner the  jurisdiction  over  the  territory  occupied  by 

127 


COLONIAL   GOVERNMENT 

the  residency  buildings  and  by  military  stations  is 
exercised  directly  by  the  Indian  government. 

Thus  there  are  a  number  of  channels  through 
which,  without  any  breach  of  treaty  obligations,  or 
the  open  assumption  of  direct  control,  British 
jurisdiction  may  enter  the  protected  states.  Na- 
tive law  and  custom  continue  to  exist,  and  it  is 
not  an  object  of  British  policy  entirely  to  supersede 
them.  The  influence  of  the  British  courts  and  law 
is,  however,  steadily  growing  stronger,  both 
through  the  jurisdiction  in  cases  affecting  the 
great  transportation  interests,  and  through  the 
voluntary  appeal  to  British  tribunals  on  the  part 
of  the  natives.  As  the  common  law  of  the  King's 
Court,  by  means  of  doctrine  of  the  King's  Peace, 
and  the  system  of  writs,  gradually  displaced  the 
varying  and  conflicting  local  customs  in  mediaeval 
England,  so  in  India  a  common  law,  based  on  Eng- 
lish principles  but  adapted  to  the  local  needs,  is  in 
the  process  of  development  throughout  the  pro- 
tected states. 

The  native  states  of  India,  as  it  were,  form 
islands  in  the  territory  of  direct  dominion,  which 
break  the  monotony  of  uniform  administration 
and  thus  make  diversified  experiments  possible; 
they  are  also  looked  upon  as  bulwarks  against 
sweeping  movements  of  insurrection  among  the 
natives.  Both  in  the  matter  of  expense  and  of 
responsibility  this  system  takes  a  heavy  burden  off 
the  shoulders  of  the  British,  while  it  affords  the 
native  rulers  an  opportunity  of  learning  the  meth- 

128 


COLONIAL   PROTECTORATES 

ods  of  good  government  through  constant  associa- 
tion with  British  officials  of  wide  experience  and 
trained  ability.  The  system  inspires  the  natives 
with  a  feeling  of  confidence  in  the  motives  of  the 
British,  and  of  security  in  the  enjoyment  of  their 
inherited  customs  and  civilization,  which  reacts 
favorably  upon  the  population  in  British  India. 
For  these  various  reasons  the  protectorate  is  quite 
generally  regarded  as  a  permanent  institution  in 
India,  as  far  as  any  policy  may  be  called  perma- 
nent, in  the  sense  that  there  is  no  present  likelihood 
that  it  will  be  superseded  by  direct  administration. 
The  same  method  of  deaUng  with  native  states 
has  been  appHed  with  the  very  best  results  by  Sir 
Andrew  Clarke  in  the  Malay  Peninsula.  When  he 
arrived  at  Singapore,  in  1873,  to  take  charge  of  the 
government  of  the  Straits  Settlements,  the  adjoin- 
ing states  were  in  a  condition  of  revolution  and 
lawlessness.  Terrible  feuds  were  being  waged 
between  the  natives  and  the  immigrant  Chinese 
miners,  there  was  no  security  of  life  or  property, 
and  all  industrial  and  commercial  activities  were 
practically  suspended.  So  serious  was  the  condi- 
tion that  the  chiefs  of  Perak  were  induced  to  place 
themselves  under  British  protection.  By  the  Treaty 
of  Pan^kor,_inj[^74,  they  acknowledged  their  in- 
ability to  cope  with  the  difficulties,  and  declared 
their  readiness  to  receive  a  British  resident,  "  whose 
advice  must  be  asked  and  acted  upon  in  all  ques- 
tions other  than  those  touching  Malay  religion  and 
custom."  In  brief  succession  the  other  Malay 
K  129 


COLONIAL   GOVERNMENT 

states  concluded  similar  agreements  with  Great 
Britain.  In  a  speech  before  the  London  Chamber 
of  Commerce,  in  1889,  Sir  Andrew  Clarke  described 
the  methods  by  which  these  gratifying  results  were 
attained,  in  the  following  language :  "  The  princi- 
ples upon  which  I  acted  were  very  simple.  Per- 
sonal influence  has  always  great  effect  upon  natives 
of  the  type  of  the  Perak  chiefs,  and  this  influence 
I  endeavored  to  apply.  Where  it  was  possible,  I 
sought  interviews  with  them  and  pointed  out  the 
effects  of  the  evils  from  which  the  country  was 
suffering.  Their  real  interests  were  peace,  trade, 
and  the  opening  up  of  their  country.  In  place  of 
anarchy  and  irregular  revenues,  I  held  out  the 
prospect  of  peace  and  plenty.  I  found  them  in 
cotton.  I  told  them  that,  if  they  would  trust  me, 
I  would  clothe  them  in  silk.  Their  rule  had  re- 
sulted in  failure.  I  offered  them  advisers  who 
would  restore  order  from  chaos  without  curtailing 
their  sovereignty.  They  were  willing  to  listen  to 
reason,  as  the  vast  majority  of  persons,  whether 
wearing  silk  hats  or  turbans,  usually  are."  In 
July,  1895,  the  states  of  Perak,  Selangor,  Negri 
Sembilan,  and  Pahang  concluded  a  treaty  of  fed- 
eration, and  they  have  since  been  known  under  the 
designation  of  the  Federated  Malay  States.  The 
British  official  residents  in  the  "various  states  are 
now  placed  under  the  control  of  a  resident-general, 
who  in  turn  is  responsible  to  the  governor  of  the 
Straits  Settlements  in  his  capacity  as  British  High 
Commissioner.      The    native    regents   with   their 

130 


COLONIAL   PROTECTORATES 

state  councils,  as  well  as  the  Malay  headmen  of     ^' 
the   villages,    retain   their   former    authority.      A 
regiment  of  Malay  States  Guards  has  been  con-      f 
stituted  in  analogy  to  the  Indian  Imperial  Service 
Troops. 

There  are  a  number  of  protectorates  dependent 
upon  the  Indian  government,  which  differ  some- 
what from  the  internal  protectorates  described 
above.  They  may  be  designated  as  frontier  or 
communication  protectorates,  inasmuch  as  they  are 
situated  either  along  the  boundaries  of  India  or 
upon  routes  leading  thereto.  The  boundary  pro- 
tectorate in  Asia  answers  the  same  purpose  as 
does  a  neutral  state  in  Europe,  with  the  important 
difference  that,  whereas  in  Europe  neutrality  is 
declared  by  international  agreement  and  is  sought 
by  the  small-  states  of  their  own  accord,  in  Asia 
conditions  are  not  so  settled  that  any  state  can  be 
trusted  to  maintain  the  reserve  of  neutrality  with- 
out constant  surveillance  by  the  power  which  is 
primarily  interested.  The  best  example  of  a  fron-  |/' 
tier  protectorate  is  the  state  of  Afghanistan.  The 
Ameer  is  not  only  maintained  in  his  position  of 
authority  by  British  influence  against  the  encroach- 
ments of  Russia  on  his  boundary  and  against  the 
rebellious  desires  of  many  of  his  own  subjects,  but 
he  is  also  allowed  a  direct  annual  contribution  of 
1,800,000  rupees,  as  well  as  arms  and  ammunition, 
by  the  Indian  government.  As  a  return  for  the 
guarantee  of  his  authority  and  independence,  the 
Indian  government  enjoys  the  right  of  sole  diplo- 

131 


COLONIAL   GOVERNMENT 

v/  made  representation  at  Kabul,  and  it  expects  a 
policy  of  loyalty  on  the  part  of  the  Afghan  ruler. 
In  accordance  with  the  idea  that  the  Ameer  retains 
his  independence,  there  has  been  thus  far  a  care- 
ful avoidance  of  any  interference  in  the  internal 
affairs  of  the  protected  state.  It  was  the  great 
ambition  of  the  late  Ameer  Abdur-Rahman  to  be 
permitted  to  have  direct  diplomatic  intercourse 
with  the  court  of  St.  James,  instead  of  with  the 
government  of  India.  He  desired  this  as  a  recog- 
nition of  his  dignity  as  an  independent  monarch, 
and  as  a  distinction  over  the  rajahs  of  the  Indian 
protected  states.  The  British  government,  how- 
ever, did  not  feel  able  to  grant  this  request,  as  the 
Indian  administration  considered  it  essential  to  the 
safety  of  the  realm  that  the  relations  with  Afghan- 
istan should  be  directly  in  its  own  hands.  A 
number  of  smaller  frontier  protectorates  exist  in 
Baluchistan,  where  Sir  Robert  Sandeman  prac- 
tised his  masterly  policy  of  gaining  influence  with 
the  hereditary  chiefs  by  guaranteeing  their  author- 
ity and  acting  as  their  friendly  adviser,  with  a 
degree  of  success  which  enabled  him  to  exercise  a 
healthy  control  and  supervision  over  their  actions. 
J  The  communication  protectorates  dependent  upon 
the  Indian  government  are  those  of  Oman,  Sokotra, 
Aden,  and  the  Persian  Gulf  Political  Agency.  Brit- 
ish political  influence  is  thus  intrenched  at  points 
which  are  of  the  utmost  importance  to  the  security 
of  communication  with  India.  The  Persian  Gulf 
Political  Agency,  which  has  its  seat  in  Bushire  in 

132 


COLONIAL   PROTECTORATES 

Persia,  is  of  a  somewhat  anomalous  nature,  and  it 
would  be  difficult  precisely  to  define  its  character. 
Its  purpose  is  in  general  to  look  after  British  inter- 
ests in  southern  Persia  and  along  the  coast  of  the 
Persian  Gulf.  It  is,  therefore,  but  the  first  germ 
of  a  protectorate,  an  informal  beginning,  which  is 
nevertheless  of  great  importance  when  we  consider 
the  conflicting  aims  of  Russia,  Germany,  and  Great 
Britain  in  this  region.  In  these  protectorates  the 
British  official  residents  do  not  interfere  with  the 
internal  administration,  except  in  the  matter  of 
advising  sanitary  improvements  and  of  protecting 
British  interests. 

Among  the  protectorates  of  communicatioT)  we 
mayalso  include  Egypt,  at  least  when  we  consider  the 
origin  and  causes  of  the  British  occupation.  Egypt, 
though  not  dependent  upon  the  Indian  government, 
has  come  under  its  influence  in  that  the  majority  of 
the  English  officials  engaged  in  the  Egyptian  ad- 
ministration were  trained  in  the  methods  and  tradi- 
tions of  the  Indian  civil  service.  The  title  of  Great 
Britain  to  an  open  and  avowed  protectorate  over 
Egypt  is  by  no  means  clear,  as  there  are  no  treaties 
upon  which  it  can  rest.  Great  Britain  has  there- 
fore never  proclaimed  a  protectorate,  but  has  relied 
upon  continued  occupation  to  ripen  her  de  facto 
control  of  Egypt  into  one  of  customary  right.  By 
the  side  of  English  influence  in  Egypt  there  exist  a 
number  of  international  institutions  —  a  fact  which 
gives  added  reason  for  considering  the  claim  of  sole 
protectorate  impolitic  for  the  present.     The  inter- 

133 


COLONIAL   GOVERNMENT 

national  control  of  the  public  debt  administration 
—  the  Caisse  de  la  dette — and  the  international 
Mixed  Courts  which  have  jurisdiction  in  all  cases 
in  which  the  rights  of  a  non-Egyptian  citizen  are 
involved,  constitute  an  important  part  in  the  gov- 
ernmental machinery  of  the  realm.  Among  the 
nations  interested  in  Egypt  the  French  especially 
have  gained  a  strong  foothold :  their  colony  in 
Egypt  numbers  upward  of  fourteen  thousand,  many 
government  appointments  are  held  by  Frenchmen, 
the  language  of  the  Egyptian  courts  is  French,  and 
their  law  is  modelled  upon  the  Code  Napoleon ; 
and,  in  general,  the  influence  of  French  civilization 
and  literature  is  very  marked  among  the  upper 
classes. 

When  the  English  undertook  the  sole  occupation 
and  control,  their  position,  considering  the  financial 
difficulties  in  which  Egypt  then  found  itself,  was 
not  an  enviable  one.  But  silently  they  went  to 
work,  and,  led  by  the  genius  of  Lord  Cromer,  they 
directed  their  best  efforts  to  the  reform  of  the 
financial  and  economic  situation  of  Egypt,  with 
the  gratifying  result  that  the  credit  of  the  khedi- 
val  government  is  now  practically  as  good  as  that 
of  any  European  power.  They  accomplished  this 
remarkable  achievement  of  raising  a  poverty- 
stricken  government  from  apparently  hopeless 
bankruptcy  to  a  condition  of  economic  indepen- 
dence and  gilt-edged  credit,  by  the  simple  and  direct 
method  of  insuring  the  constant  fertility  of  Egyp- 
tian lands  by  vast  irrigation  works,  and  thus  crcat- 

134 


COLONIAL   PROTECTORATES 

ing  the  basis  upon  which  a  sound  financial  system 
could  be  built.  The  foreign  creditors  of  Egypt, 
seeing  their  bonds  appreciate,  and  drawing  their 
interest  regularly,  have  no  reason  to  complain  of 
the  English  rule.  The  entire  internal  administra- 
tion, including  the  police,  has  passed  under  Eng- 
Hsh  control,  so  that  Egypt  presents  a  rather  anom- 
alous example  of  a  protectorate  —  one  in  which 
the  protecting  power  does  not  concern  itself  so 
much  about  external  affairs  as  about  a  reform  of 
the  internal  administration. 

The  position  in  which  the  EngHsh  found  them- 
selves in  Egypt  necessitated  the  most  delicate 
management,  both  with  respect  to  the  great  pow- 
ers directly  interested,  and  to  the  Egyptian  govern- 
ment itself.  The  work  has  been  accomplished 
without  openly  superseding  the  native  authorities, 
by  the  simple  method,  of  influencing  them  through 
the  advice  of  an  oihcial  resident.  His  position  as  t/ 
British  agent  and  consul-general  is  Lord  Cromer's 
sole  official  title  to  power.  A  thorough  mastery  of 
the  difficult  art  of  managing  men,  an  intimate 
knowledge  of  the  needs  of  the  Egyptian  govern- 
ment, and  a  clear  understanding  of  the  manner  in 
which  they  could  be  met,  have  enabled  the  British 
resident  to  wield  his  influence.  In  order  that  the 
administrative  reforms  might  succeed,  it  was  neces- 
sary to  place  a  limited  number  of  British  officials 
in  the  Egyptian  service  as  agents  of  control  and 
advice.  It  was  in  this  manner  that  Lord  Kitch- 
ener became  the  Sirdar,  or  commander-in-chief,  and 

135 


COLONIAL   GOVERNMENT 

as  such  won  his  victories  in  the  Sudan  ;  Sir  William 
Garstin  superintended  the  great  irrigation  and 
drainage  constructions  as  Under  Secretary  of  Pub- 
lic Works  ;  and  Sir  John  Scott  acted  as  adviser  to 
the  Department  of  Justice. 

Notwithstanding  the  general  success  of  the 
British  administration  in  Egypt,  the  rivals  of  Great 
Britain  have  by  no  means  acquiesced  in  the  per- 
manence of  the  occupation,  and  Mr.  Gladstone's 
promises  of  speedy  withdrawal,  as  soon  as  order 
could  be  established,  are  well  remembered  and 
kept  in  reserve,  to  be  used  whenever  a  suitable 
occasion  may  arise.  The  position  of  Egypt  in  inter- 
national law  it  would  not  be  easy  to  define  with 
exactness.  Legally  she  is  a  vassal  state  of  Turkey ; 
by  treaty  the  great  powers  have  acquired  a  status 
in  her  administration ;  and  de  facto  the  British 
government  exercises  sovereignty.  Few  are  the 
Egyptians  who  know  their  real  masters. 

The  Dutch  in  Java  have  proved  themselves  great 
adepts  in  the  art  of  utilizing  native  institutions  for 
the  purpose  of  colonial  government.  The  protec- 
torate there  has  completely  lost  all  vestiges  of  its 
international  character,  and  has  become  purely  a 
method  of  internal  administration.  The  policy  of 
non-interference  with  native  customs  and  institu- 
tions, however,  is  scrupulously  observed,  and  every- 
thing that  might  lead  to  a  disintegration  of  native 
society  is  carefully  avoided.  Not  only  are  the 
reigning  families  made  secure  in  their  position,  but 
any  attempt  on  the  part  of  the  natives  to  assimilate 

136 


COLONIAL   PROTECTORATES 

themselves  to  the  Europeans  is  discouraged.  An 
impassable  gulf  is  fixed  between  the  Javanese  and 
their  rulers;  no  instruction  is  given  the  common 
people  in  the  Dutch  language,  nor  are  they  permit- 
ted to  adopt  European  dress  and  customs.  Their 
continued  adherence  to  the  Mohammedan  faith  is 
in  every  way  encouraged,  and  in  general  the  religious 
adat  or  custom  has  been  preserved  as  a  bond  of 
social  union.  The  complete  hierarchy  of  native 
officials,  from  the  "  emperor  "  and  regents  down  to 
the  local  administrators  and  the  village  chieftains 
(wedanaSy  mantries,  and  loerahs),  is  still  in  existence, 
and  presents  to  the  eyes  of  the  natives  historic  con- 
tinuity and  customary  authority.  The  native  officials 
are  salaried  by  the  Dutch  government,  and  are  in 
all  matters  completely  under  its  control  and  subject 
to  the  orders  of  the  residents. 

Java  is  divided  into  twenty-two  residencies  or 
provinces,  each  of  which  comprises  several  regen- 
cies. Each  native  regent  is  under  the  direct 
supervision  of  an  assistant  resident,  who  exercises 
the  gentle  but  firm  sway  of  an  "elder  brother." 
The  lower  branches  of  the  administration,  and 
especially  the  various  economic  interests  of  the 
state,  such  as  the  government  coffee  farms,  are 
under  the  special  care  of  controletirs.  This  system 
of  a  twofold  hierarchy  of  officials  works  in  general 
very  smoothly,  and  enables  the  Dutch  to  carry  on 
the  government  without  breaking  up  the  native 
society,  or  destroying  its  morale  by  the  introduction 
of  the  solvent  of  European  ideas  and  institutions. 

137 


COLONIAL   GOVERNMENT 

In  the  other  Dutch  islands  of  the  Malay  Archi- 
pelago the  residential  system  is  also  used;  the 
authority  of  the  native  rulers  is  greater  than  in 
Java  and  they  often  enjoy  virtual  independence  in 
their  domestic  affairs. 

The  poHtical  side  of  German  colonial  activity 
first  expressed  itself  in  the  form  of  a  protectorate, 
—  a  protectorate  rather  over  German  trade  and 
industrial  enterprise  than  over  native  states.  As 
recently  as  1880  there  was  so  little  enthusiasm 
for  colonial  undertakings  in  Germany,  that  a  bill 
to  protect  the  DeiitscJie  SeeJiandelsgesellschaft  in 
Samoa  was  defeated  in  the  Reichstag.  In  1884, 
however,  the  Liideritz  factories  in  Angra  Pequena 
in  South  Africa,  were  taken  under  German  protec- 
tion, and  in  the  following  year  this  privilege  was 
extended  to  the  East  African  Company  and  to  the 
New  Guinea  Company.  The  German  government 
was  at  this  time  very  cautious,  and  extremely  dis- 
inclined to  engage  in  the  work  of  colonization 
itself.  It  preferred  to  leave  this  to  private  com- 
panies, giving  them  at  first  a  somewhat  reluctant 
protection.  In  the  first  instructions  to  Dr.  Nach- 
tigal,  in  1884,  the  Chancellor  says  in  substance, 
"  The  creation  of  an  administrative  system  with  a 
large  number  of  officials,  the  instalment  of  perma- 
nent garrisons,  and  the  assumption  of  the  duty  to 
give  aid  to  these  factories  during  a  war  with  a 
great  naval  power,  is  not  the  purpose  of  the  gov- 
ernment." About  the  same  time,  on  June  24, 
\j  1884,  Prince  Bismarck  made  a  notable  speech  in 

138 


COLONIAL   PROTECTORATES 

the  Reichstag,  m  which  he  condemned  the  French 
system  of  colonizing,  with  its  garrisons  and  official- 
dom. He  outlined  his  own  policy  of  granting 
charters  to  private  companies,  which  would  assume 
the  responsibility  for  the  material  development  of 
new  regions,  and  to  which  certain  governmental 
powers  were  to  be  conceded.  Through  consular  or 
residential  courts,  Europeans  might  be  guaranteed 
an  adequate  protection  of  law.  "  Our  purpose  is 
not,"  he  said,  "  to  found  provinces,  but  to  protect 
commercial  undertakings,  including  such  as  exer- 
cise a  certain  territorial  sovereignty." 

It  did  not,  however,  long  remain  possible  to 
avoid  the  exercise  of  direct  administration  within 
the  colonial  territory,  as  the  companies  were  not 
strong  enough  to  create  an  efficient  administration, 
and  as  there  was  no  higher  native  civilization  to 
the  natural  leaders  of  which  the  care  of  public 
affairs  could  be  intrusted,  t  In  Togo  and  in  Kamerun  ^- 
the  government  was  from  the  first  obhged  to  in- 
stitute direct  administration,  in  the  absence  of  any 
private  organization  ready  to  undertake  the  task. 
The  Southwest  African  Company  never  acquired  y 
the  financial  strength  necessary  for  the  complete 
establishment  of  a  colony ;  and  on  the  east  coast 
the  Arab  revolt  of  1888  necessitated  direct  govern- 
mental interference,  which  resulted  in  the  East 
African  Company's  giving  up  its  political  rights 
in  1890.  But,  though  the  original  principles  of 
German  colonization  were  so  soon  abandoned  under 
the  stress  of  circumstances,  the  origin  of  German 

139 


X 


COLONIAL   GOVERNMENT 

colonial  policy  has  left  its  trace  in  the  designation 
of  colonies  as  Sc/mtzgebiete,  and  in  the  fact  that 
the  entire  jural  legislation  concerning  the  German 
colonies  is  a  development  of  consular  or  extra- 
territorial jurisdiction.  The  German  colonies  are, 
with  respect  to  the  mother  country,  regarded  as 
foreign  territory,  over  which  the  protecting  power 
of  the  empire  has  been  extended,  but  which  do 
not  come  under  the  provisions  of  the  German 
constitution. 

It  has  already  been  indicated,  but  may  here  be 
specifically  noted,  that  a  protectorate  over  a  state 
which  enjoys  a  relatively  high  degree  of  civiliza- 
tion very  often  originates  in  consequence  of  finan- 
cial diflficulties.  Thus,  when  Bey  Sadok  of  Tunis, 
in  1869,  found  his  treasury  in  a  condition  of  insol- 
vency, he  was  compelled  to  have  his  affairs  regu- 
lated by  France,  England,  and  Italy.  After  a 
brief  improvement,  his  state  became  worse  than 
before,  and  he  continued  to  squander  his  resources 
so  recklessly  that  he  soon  incurred  hopeless  bank- 
ruptcy, which,  in  1881,  led  to  the  occupation  of  his 
territory  by  his  principal  creditors,  the  French.  In 
a  similar  way  the  accumulated  indebtedness  of  the 
Khedive  of  Egypt  led  to  interference  by  the  Euro- 
pean powers,  and  it  was  by  showing  herself  best 
able  to  find  a  way  for  Egypt  out  of  the  financial 
difficulties  that  Great  Britain  gained  her  predomi- 
nant influence  there.  In  Persia  the  Russian  policy 
of  securing  the  position  of  a  protecting  power 
scored  a  decided  advance  in  1900,  when,  in  return 

140 


COLONIAL   PROTECTORATES 

for  a  loan  of  twenty-two  million  rubles,  the  govern- 
ment of  the  Shah  engaged  itself  not  to  borrow 
money  of  any  other  state  except  Russia,  and  to 
pledge  the  customs  revenue  of  northern  Persia  as 
security.  Russia  could  well  afford  to  make  this 
loan  at  a  low  rate  of  interest,  even  though  she  her- 
self had  to  borrow  the  funds  for  that  purpose. 
But  the  most  striking  illustration  of  this  method  of 
insinuation  into  the  political  affairs  of  a  weaker 
state  is  afforded  by  the  manner  in  which  the  west- 
ern nations  are  gradually  causing  the  Chinese 
Empire  to  become  more  and  more  indebted  to 
themselves.  Unless  the  Chinese  will  organize 
their  resources  and  strain  every  nerve  in  holding 
them  together  and  utilizing  them,  their  financial 
helplessness  will  lead  to  their  gradual  political 
enthralment.  Japan,  on  the  other  hand,  has  care- 
fully avoided  giving  to  other  powers  this  opportu- 
nity of  interfering  with  her  affairs.  Her  public 
debt  is  not  large,  and  it  is,  with  the  exception  of 
the  foreign  loan  of  1899,  held  almost  entirely  at 
home. 

From  the  point  of  view  of  international  politics, 
the  colonial  protectorate  affords  certain  advantages 
which  have  been  fully  appreciated  by  contempo- 
rary statesmen.  The  protectorate,  starting  from 
small  and  unobtrusive  beginnings,  permits  the 
exercise  of  a  gradually  increasing  influence,  and 
culminates  eventually  in  complete  administrative 
control.  To  a  certain  extent  it  neutralizes  opposi- 
tion, and  enables  a  government  to  take  tentative 

141 


COLONIAL   GOVERNMENT 

measures,  which  can  be  more  readily  modified  or 
retracted  than  when  direct  occupation  has  once 
been  undertaken.  Renan's  remark  that  in  scien- 
tific truth  everything  depends  on  nuance^  is  no  less 
true  of  political  action ;  and  although  the  protec- 
torate may  and  usually  does  ultimately  lead  to 
direct  administration,  it  seems  to  be  of  a  nuance 
decidedly  more  pleasant,  or,  at  least,  more  endura- 
ble, to  the  rival  powers  than  is  the  forcible  and 
inconsiderate  occupation  of  territory  for  the  pur- 
pose of  exercising  direct  control. 


REFERENCES 

Aitchison,  Sir  Charles,  Collection  of  Treaties^  Engagements^ 

andSanads.     Calcutta,  1862-65. 
Alldridge,  T.  J.,  Sherbro  and  its  Hinterland.     London,  1901. 
Aubin,  E.,  Les  Anglais  aux  hides  et  en  Egypte.     Paris,  1899. 
Bernard,  Capitaine  F.,  "  Indo-Chine."    Revne  de  Paris.,  1901. 
BibliotMque  Coloniale  Internationale.    4<  Serie.    "LeRdgime 

des  Protectorats."     Brussels,  1899. 
Boys,  H.  S.,  So7ne  Notes  on  Java  and  its  Ad?mnistration  by 

the  Dutch.     Allahabad,  1892. 
Bonnefon,  E.  L.,  EAfriqne  politique  en  igoo.     Paris,  1900. 

pp.  47-55,  245-257,475-505. 
Bo  wen,  J.  E.,  The  Conflict  of  the  East  a?td  West  in  Egypt. 

New  York,  1887. 
Brehier,  L.,  VEgypte  de  ijgS  a  igoo.     Paris,  1901. 
British  Empire  Series.     London,   1901.     Vol.   IL,  "British 

Africa,"  pp.  259-305. 
Brooks,  Sidney,  "  The  Example  of  the  Malay  States."   Eorufn, 

April,  1902. 
Dianous,  P.  de.  Notes  de  legislation  tunisienne.     Paris,  )898. 

Chs.  IV.,  V. 

142 


COLONIAL   PROTECTORATES 

Forbes,  F.  B.,  The  Federated  Malay  States.     In  Senate  Docu- 
ments, No.  62,  Pt.  L,  55th  Congress,  3d  Session,  pj>.  647- 

677. 
Freund,  Ernst,  "  Dependencies  and  Protectorates."    Political 

Science  Quarterly^  XIV.     19. 
Gairal,    F.,    Le    Protectorat    international.      Paris,     1896. 

Livre  III. 
Ilbert,  Sir  C.  P.,  The  Government  of  India.     Oxford,  1898. 

Ch.  VII. 
JoIeaud-BaiTal,    La    Colonisatiofi  frangaise    en   Anndm    et 

Tonkin.     Paris,  1899.     Chs.  II.,  IX. 
Keller,  A.  G.,  "  The  Colonial  Policy  of  the  Germans."     Yale 

Review,  X.    390. 
Keltie,  J.   S.,  The   Partition    of  Africa.       London,    1893. 

Ch.  XIX. 
Lanessan,  J.  L.  de.  La  Colonisation  franqaise de  V Indo-Chine. 

Paris,  1895.     Ch.  IV. 
Lanessan,  J.  L.  de.  La  Tunisie.     Paris,  1887. 
Leclerq,  J.,   Un  Sij'our  dans  Pile  de  Java.      Paris,   1898. 

Ch.  XXV. 
Lee-Warner,  William,  The  Protected  Princes  of  Itidia.     Lon- 
don, 1894. 
Leroy-Beaulieu,  P.,  D Alger ie  et  la   Tunisie.      Paris,   1897. 

Bk.  II.,  Chs.  I.,  II.,  VIII. 
Leroy-Beaulieu,    P.,    De    la    Colonisation    chez   les   peoples 

77todernes.     Paris,  1898.     Pt.  I.,  Bk.  II.,  Ch.  III. 
Lugard,  General  F.  D.,  7 he  Story  of  the  Uganda  Protectorate. 

London.     Chs.  V.,  IX. 
Lyall,  C,  "  Frontiers  and  Protectorates."    Nineteenth  Century, 

XXX.    312. 
McLarty,  F.  M.,  Affairs  of  the  Colony :  History  of  the  Straits 

Settlements  and  British   Protected  States  of  Malaysia. 

Penang,  1894. 
Milner,    Sir  Alfred,    England   in    Egypt.       London,    1899. 

Chs.  III.,  IV. 
Money,  J.   W.   B.,  Java,    or  How  to   manage   a    Colo?ty. 

London,  1861.     Ch.  V. 

143 


COLONIAL   GOVERNMENT 

Monnier,  M.,  Le  Tour  d'Asie.     Paris,  1899.     Vol.  L 
Norman,  C.  B.,  Tonkin,  or  France  in  the  Far  East.    London, 

1884.     Ch.  XIIL 
Norman,  Henry,  The  Peoples  and  Politics  of  the  Far  East. 

New  York,  1895.     Chs.  IIL,  XXL 
Persian  Gidf  Administration  Report.     Calcutta,  1900. 
Rouard  de  Card,  E.,   Traites  de  protector  at  co7tclus  par  la 

France  en  Afrique  iSyo-iSg^.     Paris,  1897. 
Sebaut,   A.,  Dictionnaire  de  la   legislation  tunisienne,   and 

Supplement.     Paris,  1 896-1 899. 
Skrine,  F.  H.,  and  Ross,  E.  D.,  The  Heart  of  Asia.     London, 

1899.     Pt.  IL,  Ch.  IX. 
Stevenson,  R.  L.,  yi  Footjiote  to  History.     New  York,  1895. 
Strachey,  Sir  J.,  India.     London,  1894.     Ch.  XXIV. 
Temple,   Sir  R.,  Men  and  Events  of  My   Time  i?i  India. 

London,  1882.     Ch.  XIIL 
Thornton,   Th.    H.,    Getter al  Sir  Richard  Meade  and  the 

Feudatory  States  of  India.     London,  1898. 
Tupper,  C.  L.,  Our  Indian  Protectorates.     London,  1893. 
Uganda  Protectorate.     Report  of  Special  Commissioner  (Sir 

H.  H.  Johnston).      Parliamentary  Blue  Books,   1901. 

Cd.  671. 
Van  Ortroy,  Conventions  internationales  concernant  V Afrique. 

Brussels,  1898. 
Vivian,  H.,  Abyssinia.     New  York,  1901.     Ch.  III. 
White,  A.  S.,  The  Expansion  of  Egypt  tinder  Anglo-Egyptian 

Condominium.     London,  1899.     Div.  V. 
Worsfold,  W.  B.,  A  Visit  to  Java.     London,  1893.     Ch.  III. 
Worsfold,  W.  B.,  The  Redeinption  of  Egypt.     London,  1899. 

Ch.  IV. 


144 


CHAPTER   IX 

CHARTERED    COMPANIES 

^^f  During  both  of  the  great  modern  eras  of  colo- 
nial expansion,  chartered  companies  have  been  an 
important  instrumentality  in  doing  the  pioneer 
work  of  colonization,  and  in  preparing  the  way  for 
direct  political  control  by  the  mother  country.  A 
very  large  number  of  such  companies  were  created 
"in  the  earlier  period  by  the  governments  of  Eng- 
land, Holland,  France,  Prussia,  and  Sweden.  So 
prominent  a  factor  were  they  that  practically  the 
entire  work  of  originating  actual  colonization  was 
performed  through  their  efforts  and  enterprise. 
The  most  important  English  companies  of  this  era 

^  were  the  Merchant  Adventurers'  Company,  the 
earliest  of  these  organizations,  chartered  in  1407 ; 
the  Virginia  and  the  Massachusetts  companies; 
the  East  India  Company  of  London,  and  its  suc- 
cessor, the  British  East  India  Company;  the 
Royal  African  Company ;  and  latest  among  the 
more  important,  the  Hudson  Bay  Company. 
The  other  nations  were  represented  by  the  Dutch 
East  India  Company,  the  Dutch  West  India  Com- 
pany, the  French  East  India  Company,  and  vari- 
ous smaller  French,  Dutch,  Prussian,  Danish,  and 
L  145 


COLONIAL  GOVERNMENT 

Swedish  organizations.  Most-important  among 
all  these,  on  account  of  the  compass  of  their  oper- 
ations as  well  as  the  duration  of  their  existence 
and  power,  were  undoubtedly  the  East  India  com- 
panies of  the  British  and  the  Dutch. 
^  As  the  central  thought  and  main  purpose  in  all 
these  organizations  was  the  enjoyment  of  commer- 
cial monopolies  within  a  certain  region,  the  politi- 
cal powers  which  they  exercised  were  primarily 

■  those  which  were  necessary  to  protect  them  in 
their  exclusive  privileges.  Governmental  powers 
over  the  native  tribes  with  which  the  companies 
came  in  contact  were  granted  incidentally  to  this 
general  right ;  but  the  companies  did  not  origi- 
nally claim  such  sovereignty,  nor  did  they,  after 
political  power  had  been  acquired  by  them,  use 
it  for  the  purpose  of  modifying  local  customs  and 
institutions  in  the  direction  of  conformity  to  Euro- 
pean standards.  The  British  East  India  Company 
was  first  induced  to  enter  the  field  of  politics  by' 
the  attempts  of  the  French  to  make  themselves 
the  paramount  power  in  India  and  the  sole  mas- 
ters of  its  commerce.  Even  after  their  victory 
over  the  French,  the  British  for  a  long  time  care- 
fully adhered  to  a  policy  of  stationary  boundaries 
and  non-interference  with  the  native  political  and 

/  social  institutions.  To  a  still  greater  extent  did 
the  Dutch  East  India  Company  pursue  a  purely 
commercial  poHcy,  abstaining   from  all    attempts 

\    at  moulding  the  native  elements  to  a  higher  form 
'of  civilization.     The  company  used  its  great  influ- 

146 


CHARTERED   COMPANIES 

ence  solely  for  protecting  its  trade  monopoly,  and 
for  freely  exploiting  the  commercial  advantages 
of  the  new  regions.  Thus,  though  the  native  soci- 
eties were  subject  to  the  influence  of  the  company, 
they  were  by  no  means  threatened  with  disturb- 
ance and  disorganization  through  an  attempted 
introduction  of  European  political  and  social 
methods. 

These  great  companies  were  practically  free 
from  any  supervision  on  the  part  of  the  home  gov- 
ernment. After  granting  the  charter,  the  govern- 
ment paid  little  heed  to  the  activities  of  the 
merchant  adventurers,  and  it  was  only  at  the  end 
of  the  eighteenth  century  that  a  beginning  was 
made  in  the  exercise  of  strict  control.  The  period 
of  the  greatest  activity  of  the  chartered  companies 
was  the  seventeenth  century.  The  more  important 
among  them  continued  their  work  and  influence 
during  the  eighteenth  ;  but  by  the  end  of  that  cen- 
tury the  mission  of  the  chartered  companies  was, 
for  the  time  being,  practically  completed,  and  it 
was  waning  greatness  and  departing  methods  that 
Adam  Smith  attacked  in  his  famous  chapter  on 
companies.^  The  Dutch  East  India  Company  trans- 
ferred its  holdings  to  the  government  in  1795  ;  the 
British  East  India  Company  lost  its  commercial 
monopoly  soon  after  this  date,  although  it  contin- 
ued to  carry  on  the  Indian  government  as  a 
trustee  for  the  British  crown  until  1858;  the 
Hudson  Bay  Company,  the  last  among  these  great 

1  The  Wealth  of  Nations.     Book  V.,  Ch.  I.,  Pt.  III. 


COLONIAL   GOVERNMENT 

^  and  efficient  organizations,  ceded  its  territories  to 
the  government  in  1870. 

But  soon  after  these  companies  had  passed  from 
the  stage  of  history,  conditions  recurred,  similar 
to  those  under  which  they  had  accomphshed  their 
work.  The  world  again  became  intensely  interested 
in  colonial  expansion,  and  as  the  great  nations  in 
the  former  era  had  contended  for  their  share  in  the 
rich  produce  of  the  new  countries,  so  they  now 
began  a  keen  competition  for  territorial  control 
over  hitherto  unappropriated  regions.  In  this 
struggle,  as  in  the  former  rivalry  for  trade,  char- 
tered companies  have  become  the  main  instrumen- 
tality for  the  expansion  of  national  influence  and 
power.     The   companies   which   have   been   most 

^  prominent  in  this  second  age  of  expansion  are  the 
following :  the  British  North  Borneo  Company, 
founded  in  1881 ;  the  Royal  Niger  Company,  1886; 
the  Imperial  British  East  Africa  Company,  1888; 
the  British  South  Africa  Chartered  Company, 
1889;  the  German  New  Guinea  Company  and  the 
German  East  African  Company,  1885  ;  the  Portu- 
guese Mozambique  Company,  1894;  and  the  Inter- 
national Congo  Association,  1879.  Among  these, 
the  North  Borneo  Company  is  of  special  interest 
as  constituting  the  first  revival  of  the  old  practice, 
and  as  forming  a  precedent  for  subsequent  organi- 
zations ;  as  is  also  the  South  Africa  Company  on 
account  of  its  financial  strength  and  its  great  politi- 
cal influence.  The  International  Congo  Associa- 
tion is   the   only   one   among   these   corporations 

148 


CHARTERED   COMPANIES 

which  has  created  an  independent  state.  Its 
existence,  however,  merely  constituted  a  transition 
to  personal  control  by  the  king  of  Belgium,  who 
in  turn  will  give  way  to  the  Belgian  state. 

The  North  Borneo  Company  was  originated 
through  the  efforts  of  Mr.,  now  Sir  Alfred,  Dent, 
who  had  acquired  important  concessions  and  grants 
from  the  sultans  of  Brunei  and  Sulu.  The  former 
granted  to  Mr.  Dent  full  sovereign  rights  over 
North  Borneo,  including  power  of  life  and  death 
over  the  inhabitants  and  the  exercise  of  complete 
territorial  sovereignty.  The  sultan  of  Sulu  made  a 
similar  grant  upon  condition  that  the  rights  should 
not  be  transferred  to  any  other  nation  without 
the  consent  of  the  government  of  Great  Britain. 
After  obtaining  these  grants,  Mr.  Dent  organized 
a  company  and  applied  to  the  British  government 
for  a  charter  confirming  the  powers  bestowed 
upon  him  by  the  sultans.  The  Conservative  min- 
istry, which  was  at  that  time  in  control,  did  not 
accede  to  this  request,  and  it  remained  for  the  suc- 
ceeding Liberal  Minister  of  Colonies,  Lord  Gren- 
ville,  to  set  the  important  precedent  of  granting 
a  governmental  charter  to  a  colonial  company. 
He  justified  this  act  before  Parliament  on  the 
ground  that  it  was  the  only  manner  possible  to 
avoid  two  unwelcome  alternatives,  namely,  the 
assumption  of  direct  sovereignty  over  the  region  in 
question,  or  its  abandonment  to  rival  nations. 

The  North  Borneo  Company,  after  its  charter 
had  been   granted,  was  in  a  somewhat  equivocal 

149 


COLONIAL   GOVERNMENT 

position  in  the  eyes  of  international  law.  The 
Colonial  Secretary  maintained  that  the  granting  of 
the  charter  did  not  constitute  an  assumption  of 
sovereignty,  nor  even  the  creation  of  a  protectorate 
on  the  part  of  Great  Britain.  In  international  law, 
however,  territorial  acquisitions  by  any  subject 
are  held  to  accrue  to  his  state  or  sovereign.  This 
matter  was  regulated  in  1888,  when  a  formal  pro- 
tectorate was  declared  by  Great  Britain  over  all  of 
North  Borneo,  including  the  company's  territories, 
as  well  as  Sarawak  and  Brunei.  The  peculiarity 
of  the  North  Borneo  Company  is  found  in  the 
fact,  that  it  was  to  operate  in  territory  not  then  in 
any  way  controlled  by  Great  Britain,  and  that  it 
had  already  received  from  other  sources  conces- 
sions of  full  sovereignty.  By  granting  a  charter 
the  government  simply  added  its  sanction,  and,  in 
assuming  an  implied  responsibility  for  the  acts  of 
the  company,  imposed  on  the  latter  a  certain 
liability  to  administrative  supervision,  and  certain 
duties  toward  the  native  population. 

The  British  South  Africa  Company  is  the  crea- 
tion of  the  genius  of  Cecil  Rhodes.  It  was  he 
who  prepared  the  way  for  its  operations,  who 
placed  it  upon  a  sound  financial  basis,  and  who 
inspired  and  guided  its  corporate  acts.  When  the 
company  began  its  work,  the  region  which  it  now 
occupies  was  by  no  means  estimated  at  its  full 
value  by  the  European  governments  and  mer- 
chants. Nevertheless,  Lo-bengula,  the  ruler  of 
Matabeleland   and  Mashonaland,    which  together 

150 


CHARTERED   COMPANIES 

constitute  the  greater  portion  of  this  territory,  had 
already  been  approached  by  German  and  Portu- 
guese emissaries,  when  an  agent  of  Rhodes,  in 
the  nick  of  time,  induced  the  chief  to  conclude  a 
treaty  of  protectorate  with  Great  Britain,  by  which 
he  bound  himself  to  have  diplomatic  intercourse 
with  no  other  power.  This  treaty  was  followed  by 
the  concession  of  important  mining  rights  to  a 
group  of  English  capitalists. 

In  1889  Cecil  Rhodes  organized  the  British  South 
Africa  Company,  and  secured  a  charter  for  the 
purpose  of  developing  the  natural  resources  and 
establishing  law  and  order  within  the  new  British 
sphere  of  influence.  As  during  the  subsequent 
year  he  became  premier  of  the  Cape  Colony 
government,  he  was  in  a  position  to  obtain  the 
cooperation  of  the  various  authorities  in  South 
Africa  in  carrying  on  the  work  which  the  company 
had  undertaken.  So  successful  were  his  efforts 
that  within  five  years  the  country  immediately 
north  of  the  Transvaal  could  be  reached  by  railway, 
and  that  its  interior  had  been  made  accessible 
through  the  construction  of  good  wagon  roads. 
Forts  and  settlements  had  been  created,  and  a  tele- 
graph system  bound  the  most  outlying  parts  of 
the  company's  territories  to  the  South  African 
metropolis.  The  growing  power  of  the  company 
excited  the  jealousy  of  the  native  leaders,  which,  to- 
gether with  their  resentment  at  foreign  intrusion, 
led  to  the  Matabele  and  Mashona  wars  of  1895. 
After  this  difficulty  had  been  speedily  settled,  the 

151 


I 


COLONIAL   GOVERNMENT 

company  was  suddenly  brought  into  great  discredit 
by  Dr.  Jameson's  attack  upon  the  Transvaal. 
While  of  course  not  officially  authorized  by  the 
company,  the  raid,  organized  by  one  of  its  chief 
agents  and  evidently  encouraged  by  Rhodes  him- 
self, caused  a  feeling  of  strong  popular  opposition 
to  the  company  to  spring  up,  which  resulted  in  a 
demand  for  stricter  governmental  control. 

While  the  charters  granted  to  the  British  com- 
panies differ  somewhat  in  detail,  they  contain  in 
general  the  same  leading  principles  of  organiza- 
tion. The  charter  of  the  North  Borneo  Company 
forms  a  model  whose  outline  and  details  are 
adhered  to  in  the  charters  of  the  Royal  Niger 
Company  and  of  the  East  Africa  Company.  In 
the  case  of  the  South  Africa  Company,  the  later 
events  just  mentioned  have  caused  some  material 
modifications.  The  charters  provide  that  the  com- 
panies must  preserve  their  British  nationality, 
although  they  are  permitted  to  fly  their  own  special 
flags.  They  are  granted  the  power  to  make  all 
ordinances  necessary  for  the  establishment  and 
maintenance  of  law  and  order,  to  levy  such  taxes 
as  may  be  required  to  meet  the  governmental  ex- 
penses, to  employ  a  poHce  force,  and  to  appoint  all 
civil  and  judicial  officers  necessary  in  the  admin- 
istration of  government.  With  respect  to  the  su- 
pervision exercised  by  the  home  government,  it  is 
provided  that  the  companies  cannot  transfer  any  of 
their  concessions  without  the  consent  of  the  gov- 
ernment ;  that  the  latter  is  the  arbiter  between  the 

152 


CHARTERED   COMPANIES 

native  rulers  and  the  companies  ;  that  it  controls 
their  foreign  affairs  and  their  policy  concerning  the 
natives ;  and  that  the  appointment  of  the  governor 
must  be  approved  by  the  Colonial  Office.  The 
charters  also  lay  some  general  restrictions  upon  the 
governmental  powers  of  the  companies.  Com- 
merce must  remain  free,  except  for  such  customs 
duties  as  may  be  necessary  to  cover  the  actual 
expense  of  administration.  The  companies  are 
enjoined  to  abolish  slavery  within  their  territories, 
but  to  respect  in  general  such  native  laws  and  cus- 
toms as  are  not  contrary  to  humanity.  The  reli- 
gious observances  of  the  natives  are  not  to  be 
interfered  with  by  the  authorities,  although  mis- 
sionaries are  to  be  allowed  to  carry  on  their  work. 
To  these  provisions,  which  are  common  to  all 
the  charters,  there  are  added,  in  the  case  of  the 
British  South  Africa  Company,  certain  further 
restrictions.  By  the  Matabeleland  Order  in  Coun- 
cil of  1895,  the  Senior  Administrator,  or  governor, 
was  given  a  council  of  four  high  officials,  whose 
advice  he  must  consider  before  deciding  upon  any 
important  act.  Moreover,  the  courts  in  the  com- 
pany's territory  are  bound  to  follow  the  law  of 
Cape  Colony  in  cases  not  provided  for  by  local 
ordinances.  As  a  consequence  of  the  dissatisfac- 
tion with  the  company's  management,  caused  by 
the  events  of  1896,  there  were  passed  the  South- 
ern Rhodesia  Orders  in  Council  of  1898,  which 
contain  the  following  provisions :  a  resident  com- 
missioner of  Rhodesia  is  appointed,  whose  duty  it 

153 


C7 


COLONIAL   GOVERNMENT 

is  to  represent  the  home  government  and  to  super- 
vise the  company's  administration ;  the  council  of 
the  Senior  Administrator  is  enlarged  and  a  legisla- 
tive council  is  created  which  contains  four  mem- 
bers elected  by  the  colonists ;  the  military  forces 
^  of  the  company  are  placed  under  the  control  of 
the  British  High  Commissioner  for  South  Africa. 
These  provisions  constitute  the  beginnings  of  a 
transition  to  a  crown  colony  government  for  Rho- 
desia, and  it  is  interesting  to  note  that  at  this  early 
stage  a  beginning  has  already  been  made  toward 
representation  of  the  colonists  in  the  legislative 
council. 

The  services  of  the  English  chartered  compa- 
nies in  assisting  the  expansion  of  British  power 
cannot  be  overestimated.  At  a  time  when  the 
government  was  not  ready  to  undertake  the  occu- 
pation of  these  regions,  when  it  could  only  with 
difficulty  have  obtained  from  Parliament  the  funds 
necessary  for  their  administration,  the  companies 
stepped  in  and  secured  for  their  country  many 
valuable  tracts  which  were  eagerly  coveted  by 
other  nations.  While  Sir  George  Taubman 
Goldie,  the  founder  of  the  Royal  Niger  Com- 
pany, was  attending  the  conference  at  Berlin  in 
1885,  he  found  out  that  a  German  explorer  was 
on  the  point  of  starting  for  the  regions  of  the 
Upper  Niger  for  the  purpose  of  concluding  trea- 
ties with  the  native  rulers.  Sir  George  lost  no 
time,  and  immediately  despatched  his  agent,  Mr. 
Joseph  Thompson,  on  a  similar  errand.      When 

154 


CHARTERED   COMPANIES 

the  German  emissary  reached  the  Niger  territory, 
he  met  Mr.  Thompson  returning  from  the  interior 
in  the  happy  possession  of  a  complete  set  of  trea- 
ties with  the  Sokoto  rulers.  Even  before  this, 
French  merchants  had  been  active  along  the 
Niger,  and  a  lively  competition  ensued,  which, 
however,  through  the  diplomacy  of  Sir  George 
Goldie,  ended  in  the  absorption  of  the  two  French 
companies  by  the  British.  When  the  British  East 
Africa  Company  began  operations  in  the  interior, 
Dr.  Peters,  the  representative  of  German  interests, 
was  already  actively  engaged  in  forming  political 
relations  within  its  prospective  sphere  of  action ; 
and  when  its  agents  had  penetrated  as  far  as 
Uganda,  they  encountered  a  strong  feeling  in 
favor  of  France,  which  had  been  created  by  the 
Roman  Catholic  missions.  In  a  similar  manner, 
the  South  Africa  Company  forestalled  the  action 
of  the  Germans  and  the  Portuguese,  and  it  also 
defeated  the  project  of  a  great  northward  trek, 
which  the  Dutch  of  the  Transvaal  were  quietly 
planning. 

The  territories  which  were  thus  disputed  by  for- 
eign influence  were  not  only  vast  in  extent,  but 
also  exceedingly  rich  in  natural  resources  and  in 
commercial  opportunities.  The  territory  added 
to  the  British  Empire  by  the  various  companies 
embraces,  in  round  numbers,  the  following  areas  : 
by  the  Royal  Niger  Company,  500,000  square 
miles;  by  the  East  Africa  Company,  750,000 
square  miles ;  and  by  the  South  Africa  Company, 

155 


COLONIAL   GOVERNMENT 

500,000  square  miles.  As  the  total  territorial  ex- 
pansion of  the  British  Empire  in  Africa  during  the 
past  twenty-five  years  has  amounted  to  2,500,000 
square  miles,  it  will  be  seen  that  more  than  two- 
thirds  of  this  increase  was  secured  by  the  activity 
of  private  individuals  organized  in  chartered  com- 
panies. 

These  striking  results  were  obtained  with  great 
rapidity  and  at  a  trifling  cost,  when  their  magni- 
tude is  considered.  The  extension  of  the  Royal 
Niger  Company's  protectorate  over  the  Sokotos 
was  accompUshed  by  Mr.  Thompson  within  six 
months;  the  celebrated  Selous  road  from  Mafe- 
king  to  Fort  SaHsbury,  a  distance  of  four  hundred 
miles,  was  surveyed  and  built  in  less  than  a  year. 
It  took  only  five  years  for  the  South  Africa  Com- 
pany to  construct  the  framework  of  industrial  and 
poUtical  Hfe  throughout  its  territories.  The  East 
iVfrica  Company  accomplished  its  great  work  in  six 
years,  while  a  period  of  fourteen  years  was  all  that 
was  needed  by  the  Royal  Niger  Company  for 
firmly  establishing  British  rule  in  a  region  beset 
with  dangers  and  difficulties. 

The  cheapness  of  these  great  operations  is  no 
less  surprising  than  their  rapidity.  None  of  the 
companies  ever  asked  for,  or  received,  any  govern- 
mental subsidies  for  the  purpose  of  carrying  on 
their  work.  For  financial  resources,  they  were 
dependent  upon  the  money  subscribed  for  stock 
and  the  returns  from  their  undertaking,  concern- 
ing which  there  could  not  be  any  high  expectations 

156 


CHARTERED   COMPANIES 

for  the  first  few  years.  The  affairs  of  the  compa- 
nies were  hence  administered  with  the  greatest 
economy,  and  they  offered  but  scant  opportunity 
for  promoters'  profits.  The  entire  territories  and 
possessions  of  the  East  Africa  Company  were 
turned  over  to  the  government  in  1894  for  the 
sum  of  ;£2  50,000.  As  the  Sultan  of  Zanzibar,  on 
account  of  some  claims  against  him,  was  made  to 
pay  ;£"200,ooo  of  this  amount,  a  paltry  ;^5o,ooo 
was  the  total  cost  to  Great  Britain  of  this  magnifi- 
cent empire.  The  Royal  Niger  Company  trans- 
ferred all  its  possessions  and  grants  to  the  British 
government  for  the  sum  of  ;£865,ooo. 

The  administration  of  the  South  Africa  Com- 
pany has  also  been  very  economical.  Upon  all 
the  improvements  carried  out  during  the  first  five 
years,  the  building  of  roads  and  fortresses,  and 
the  establishment  of  a  regular  police  and  adminis- 
tration, only  a  little  over  ;£  1,000,000  was  spent, 
while  the  cost  of  the  war  against  Lo-bengula, 
in  1893,  which  is  included  in  this  amount,  was 
only  ;£i  10,000.  It  is  not  surprising  that,  having 
to  meet  the  expenses  of  virtually  founding  new 
commonwealths,  and  with  no  subventions  to  draw 
upon,  the  companies  have  not  been  able  to  pay 
high  dividends  to  their  stockholders.  The  Royal 
Niger  Company,  which  alone  among  them  all  en- 
gaged actively  in  commerce,  succeeded  in  declar- 
ing a  dividend  of  six  per  cent  for  several  years, 
and  the  North  Borneo  Company  has  been  paying 
one  per  cent  to  its  stockholders.     Neither  of  the 

157 


COLONIAL   GOVERNMENT 

other  two  companies  has  paid  any  dividends. 
As  Sir  William  McKinnon,  the  president  of  the 
East  Africa  Company,  declared,  its  stockholders 
had  to  be  satisfied  to  take  their  dividends  *'  in 
philanthropy." 

Notwithstanding  this  absence  of  ready  financial 
returns  to  the  investors,  capital  has  always  been 
forthcoming  in  abundance  for  the  purposes  of  the 
companies.  Some  issues  of  British  South  Africa 
Company  stocks  were  placed  even  at  far  above  par. 
While  it  is  true  that  the  investors  felt  confidence  in 
the  ultimate  financial,  success  of  these  ventures,  it 
is  also  undoubtedly  a  fact  that  many  of  them  were 
animated  by  other  than  purely  financial  motives. 
The  work  that  was  being  done  appealed  to  their 
sense  of  patriotism,  and  it  was  looked  upon  as  a 
certain  honor  to  be  a  stockholder  in  one  of  those 
great  companies  that  were  smoothing  the  roads  for 
imperial  expansion.  Many  of  the  larger  stock- 
holders were  also  looking  for  opportunities  to 
obtain  concessions  and  other  openings  for  finan- 
cial enterprise  in  the  industrial  development  of  the 
new  regions. 

As  none  of  the  companies  was  permitted  to  use 
its  taxing  power  for  the  purpose  of  creating  a 
dividend,  Cecil  Rhodes  developed  a  scheme  by 
which  his  company  is  to  share  in  the  produce  of 
the  mining  concessions  given  to  individuals  or  to 
private  corporations.  Fifty  per  cent  of  the  ven- 
dor's script  is  to  go  to  the  Chartered  Company, 
which  will  thus  be  enabled  to  make  a  return  to  its 

158 


CHARTERED   COMPANIES 

stockholders.  This  system  will  be  a  very  interest- 
ing precedent  when  direct  crown  government 
comes  to  be  established  in  Rhodesia,  as  it  may 
lead  to  part  ownership,  by  the  government,  of  the 
mining  resources  of  the  country,  unless  the  special 
property  rights  of  the  company  should  be  allowed 
to  come  into  the  hands  of  private  corporations. 
One  of  the  most  serious  objections  that  has  been 
made  to  the  company's  regime  in  South  Africa 
lies  in  the  fact  that  the  territorial  and  mining 
wealth  of  Rhodesia  has  been  practically  all  granted 
away  to  individuals  and  corporations,  in  the  form 
of  concessions  which  will  become  a  permanent 
mortgage  on  the  country,  and  will,  to  a  large  ex- 
tent, rob  it  of  the  condition  of  freedom  and  equality 
of  opportunity  that  makes  new  countries  so  attrac- 
tive to  settlers. 

The  International  Kongo  Association  traces  its 
beginnings  back  to  1876,  when  the  International 
African  Association  was  formed  at  Brussels  for 
the  purpose  of  exploration  and  development  in  the 
Dark  Continent.  In  1879  the  Belgian  branch  of 
this  society,  which  had  assumed  the  name  of  the 
International  Kongo  Association,  and  in  which 
King  Leopold  of  Belgium  was  the  moving  spirit, 
employed  Mr.  Henry  Stanley  to  ascend  the  Kongo 
River  for  the  purpose  of  planting  stations  and  con- 
cluding treaties  of  protectorate  with  the  native 
rulers.  While  the  Berhn  Conference  of  1885  was 
in  session,  the  sovereign  rights  of  the  association 
were   recognized  by  individual   treaties  with   the 

159 


COLONIAL   GOVERNMENT 

powers,  which  also  fixed  the  boundaries  of  the 
new  Independent  State  of  the  Kongo.  The  asso- 
ciation, however,  acted  in  this  case  simply  as  the 
agent  of  the  King  and  for  the  purpose  of  acquiring 
a  colony  for  Belgium.  Leopold  II.  exercised  the 
sovereignty  over  the  newly  created  state,  and  in 
1889  he  bequeathed  his  rights  to  Belgium,  which 
is  now  heir  apparent  to  a  rich  colony  acquired  for 
it  by  very  shrewd  means.  In  1890  a  formal  con- 
vention was  concluded  between  Belgium  and  the 
Independent  State  by  which  the  annexation  of  the 
latter  after  a  period  of  not  less  than  ten  years  was 
arranged  for.  As  Belgium  has  not  yet  entered 
upon  full  fruition  of  its  expectancy,  the  Indepen- 
dent State  still  has  its  separate  central  govern- 
ment, which  is  located  at  Brussels,  and  comprises 
a  ministry  of  foreign  affairs,  of  finance,  and  of  the 
interior.  The  administration  of  the  colony  has  in 
general  been  successful ;  order  has  been  estab- 
lished, means  of  communication  provided,  and 
the  opportunity  created  for  large  investments  of 
Belgian  capital,  which  have  brought  unusually 
rapid  and  high  returns.  The  treatment  to  which 
the  natives  have  been  subjected  by  the  officials  in 
the  Kongo  State  has,  however,  been  a  disgrace  to 
this  colony. 

The  companies  created  by  the  Germans  at  the 
beginning  of  their  colonial  career  have  not  been 
of  much  service  in  the  matter  of  establishing 
political  dominion  by  their  own  unaided  efforts. 
The  Southwest  African  Company  has  confined  its 

160 


CHARTERED   COMPANIES 

operations  to  the  purely  economic  aspects  of  colo- 
nization. The  German  East  African  Company  did 
not  weather  the  first  storm  of  a  native  uprising, 
and  withdrew  from  the  functions  of  government 
in  1890.  The  New  Guinea  Company  has  been 
more  persistent;  from  1885  to  1899  it  had  almost 
exclusive  control  of  affairs  in  German  New  Guinea. 
In  the  latter  year  it  resigned  its  powers  of  govern- 
ment. Its  administration  has  been  much  criti- 
cised ;  everything  was  managed  by  detailed  orders 
sent  out  from  the  headquarters  in  Germany,  with- 
out adaptation  to  local  needs,  and  it  is  alleged  that 
the  handling  of  the  labor  problem  was  especially 
unsatisfactory.  All  three  of  these  companies  con- 
tinue in  existence,  but  their  activities  at  present  are 
entirely  industrial,  and  they  have  definitely  forsaken 
the  field  of  political  administration.  A  smaller 
organization,  the  Jaluit  Company  of  Hamburg, 
has  quite  efficiently  managed  affairs  in  the  Mar- 
shall Group. 

While  the  German  companies  in  general  were 
not  successful  in  establishing  institutions  of  gov- 
ernment, and  in  relieving  the  state  of  the  duty  of 
creating  the  machinery  of  direct  administration, 
they  were,  nevertheless,  of  great  assistance  in  ex- 
tending the  power  of  Germany  over  new  regions. 
Their  representatives,  men  like  Major  von  Wiss- 
man,  Dr.  Peters,  Dr.  Nachtigal,  and  Otto  Finsch, 
were  exceedingly  enterprising  and  active  in  estab- 
lishing relations  with  the  native  rulers,  upon  the 
basis  of  which  the  government  could  assume  the 
M  161 


COLONIAL   GOVERNMENT 

rights  of  a  protecting  power  and  thus  extend  its 
control  over  large  reaches  of  territory. 

In  the  case  of  the  Portuguese  possessions  in 
Africa,  recent  events  have  led  to  an  exceedingly 
interesting  repetition  of  history.  When,  in  1649, 
the  Dutch  West  India  Company  threatened  the 
Portuguese  possessions  in  Brazil,  the  Portuguese 
government,  departing  from  its  settled  policy  of 
state  monopoly,  imitated  the  methods  of  its 
rivals  and  granted  a  charter  to  a  private  corpora- 
tion, the  Portuguese  Brazil  Company.  It  was 
largely  through  the  efforts  of  this  organization  that 
Brazil  was  saved  for  the  Portuguese.  In  a  similar 
manner,  when  the  British  South  Africa  Company 
began  its  operations  in  1890,  it  soon  came  into 
dangerous  proximity  to  the  Portuguese  possessions 
in  Southeast  Africa,  and  its  purpose  to  secure  an 
outlet  to  the  sea  through  the  Portuguese  coast  strip 
was  but  ill  concealed.  In  order  to  provide  a  coun- 
terpoise to  the  efforts  of  the  British  company,  the 
Portuguese  government,  in  1891,  granted  charters 
to  two  organizations,  the  Nyassa  Company  and  the 
Mozambique  Company.  Their  field  of  activity  was 
to  be  the  region  that  is  tributary  to  the  Zambesi 
River.  The  operations  of  the  Mozambique  Com- 
pany centre  about  Beira,  a  place  which  had  been 
much  coveted  by  the  British,  and  which  is  now  the 
chief  outlet  for  Rhodesian  commerce.  The  Nyassa 
Company,  as  its  name  indicates,  has  its  field  of 
operation  in  Nyassaland,  a  region  that  was  in  great 
danger  of  being   absorbed   by  the    South    Africa 

162 


CHARTERED   COMPANIES 

Company,  and  which  is  now  enclosed  on  three  sides 
by  British  territory. 

The  Portuguese  companies  are  organized  on  the 
English  model,  with  certain  modifications.  The 
judicial  and  legal  officials  are  appointed,  not  by  the 
company,  but  by  the  government,  and  there  are 
official  coiitrdleiirs  who  supervise  the  company's 
administration.  In  all  other  respects  the  com- 
panies are  given  full  political  and  industrial  control, 
and  the  usual  humanitarian  duties  are  imposed 
upon  them,  with  the  additional  obligation  of  pro- 
viding a  system  of  common  schools  for  the  natives. 
While  much  of  the  capital  stock  in  these  com- 
panies is  held  in  France,  England,  and  Germany, 
their  national  character  is  preserved,  and  is  safe- 
guarded by  charter  provisions,  especially  in  the 
matter  of  the  selection  of  officials.  There  has  been 
a  good  deal  of  friction  between  the  Portuguese  and 
the  British  companies,  especially  concerning  the 
right  of  way  from  Beira  to  the  interior  ;  but  as  the 
British  government  discouraged  any  extreme  meas- 
ures of  advance  on  the  part  of  the  South  Africa 
Company,  and  as  the  Portuguese  companies  entered 
upon  the  work  of  colonization  with  a  good  deal  of 
energy,  they  have  succeeded  in  preserving  to  Por- 
tugal a  highly  valuable  region. 

We  are  now  in  a  position  to  summarize  the 
characteristics  of  the  great  modern  companies  of 
colonization,  and  to  distinguish  them  from  the 
similar  organizations  of  the  earUer  era.  While 
the  older  companies  were  primarily  commercial,  en- 

163 


COLONIAL   GOVERNMENT 

joying  political  prerogatives  only  incidentally,  the 
later  are  essentially  political  in  their  purpose,  and 
exercise  all  the  powers  of  internal  administration. 
They  are,  hence,  also  subjected  to  a  much  stricter 
control  on  the  part  of  the  home  government,  totally 
I  unlike  the  spirit  of  laisser  faii'e  with  which  the 
•governments  of  earlier  days  regarded  the  great 
colonial  enterprises.  The  modern  companies  do 
}iot  enjoy  a  monopoly  of  commerce,  nor  as  a  rule 
have  they  engaged  at  all  in  commercial  undertak- 
ings. On  the  economic  side  of  their  activities  they 
Interest  themselves  more  in  industrial  develop- 
ment, in  the  utilization  of  mines,  forests,  and  agri- 
cultural lands,  so  completely  is  their  character 
a  result  of  the  spirit  of  the  age,  which  emphasizes 
industrial  exploitation  together  with  the  use  of  politi- 
cal methods  in  colonization.  When  these  methods 
are  applied  directly  by  the  state  itself,  they  are 
somewhat  inflexible  and  difficult  of  adaptation  to 
the  local  conditions ;  they  are,  moreover,  costly, 
and  lack  expedition.  All  of  these  defects  are,  to 
a  large  extent,  obviated  by  the  use  of  chartered 
companies  in  the  initial  stages  of  colonization. 

REFERENCES 

Biggar,  H.  P.,  The  Early  Trading  Companies  of  New  France. 

University  of  Toronto  Studies  in  History.    Second  Series, 

No.  3. 
Blum,  H.,  New  Guinea  und  der  Bismarck-Archipel.     Berlin 

1900. 
Bonassieux,  P.,  Les  grandes  compagnies  de  commerce,     Paris, 

1892. 

164 


CHARTERED   COMPANIES 

Bonnefon,  E.  L.,  VAfrique  politique  en  igoo.     pp.  182-195, 

308-411. 
British  Empire  Series.     London,  1901.     Vol.  II.,  "British 

Africa,"  pp.  9-45. 
Brumel,  L.,  VEtat  et  Vindividu  dans  la  colonisation  fran- 

qaise  nwderne.     Paris,  1898.     Ch.  V. 
Carton  de  Wiart,  W.,  Compagnies  coloniales  anglaises  auXIX^ 

siecle.     Paris,  1899. 
Cauwes,  P.,  Les  notivelles  compagnies  de  colonisation  privi- 

legiees.     Paris,  1892. 
Cawston    and    Keene,    The    Early    Chartered    Compafties. 

London,  1896.     pp.  1 296-1 858. 
Decharme,  P.,  Les  grandes  compagnies  coloniales  allemandes. 

Paris,  1899. 
Goldie,  Sir  G.  T.,  The  Ftitiire  of  the  Niger  Territories.    1897. 
Hauser,  H.,  Colonies  alle7)iandes.     Paris,  1900. 
Keltic,   J.    S.,    The    Partition    of  Africa.      London,    1893. 

Chs.  XII.,  XVI.,  XVIII.,  XX. 
Latimer,  E.  W.,  Europe  in  Africa  in  the  Nineteenth  Century. 

Chicago,  1895.     Ch.  XIV. 
Low,   Sir   H.,   "  British   North    Borneo."      British   Empire 

Series.     Vol.  I.,  pp.  462-495.     London,  1899. 
Lucas,  C.  P.,  Historical  Geography  of  the  British  Colonies. 

Oxford,  1894.     Vol.  Ill,  Ch.  VI. 
Martel,  Henri,  Les  Colonies  et  leurs  grandes  compagtiies^  co?n- 

merciales.     Ghent,  1898. 
Mockler-Ferryman,  A.   F.,  British  West  Africa.      London, 

1900.     Ch.  XV. 
Osgood,  H.   L.,  "  The  Corporation  as  a  Form  of  Colonial 

Government."     Political   Science    Quarterly,  XI.    259- 

277. 
Robinson,  C.  H.,  Nigeria,  Our  Latest  Protectorate.     London, 

1900.     Ch.  VII. 
Stanley,  H.  M.,  The  Congo  a7id  the  Founding  of  its  Free  State. 

New  York,  1885.     Vol.  L,  Ch.  IV. 
Stengel,    K.    v.,    "Die    deiitschen    Kolonialgesellschaften." 

SchmoWtv''?,  Jahrb.,  1888.     pp.  219  sq. 

165 


COLONIAL   GOVERNMENT 

Stengel,  K.  v.,  Die  deutschen  Schutzgebieie.     Munchen,  1895. 

pp.  138  sq. 
Thomson,  H.  C,  Rhodesia  and  its   Govermnent.     London, 

1898.     Chs.  XVII.,  XXL,  XXII.,  XXIV. 
Willson,  B.,  The  Great  Company.     Toronto,  1899. 
Worsfold,  W.    B.,  Portuguese  Nyassaland.     London,    1899. 

Chs.  IV.,  XL 
Worsfold,  W.  B.,  South  Africa.     London,  1895.     Ch.  XII. 


166 


CHAPTER  X 

DIRECT   ADMINISTRATION 

Having  now    considered    the   various   indirect 

methods    of   administering   dependencies,  we   are 

brought  to  the  discussion  of   the  different  forms 

of   government   in    colonies    proper.       The   best 

known    classification    of    rolonies   with    respp.rt  tn 

forms  of  gov^ri^uifint  is  that  adopted  by  the  Brit- 

/ish  Colonial  Office,  under  which  the  English  colo- 

l   nies  are  divided  into  the  following  three  classes  :  — 

^  "  First,  crown_c:olonies,  in  which  the  crown  has 

/the  entire  control  of  legislation,  while  the  admin- 

[  istration  is  carried  on  by  public  officers  under  the 

\  control  of  the  home  government. 

^p?"  Second,  colonies  possessing  representative  insti- 

/tutions,  but  not  responsible  government,  in  which 

I  the  crown  has  no  more  than  a  veto  on  legislation, 

I  but  the  home  government  retains  the  control  of 

\  public  officers. 

^y*  Third,  colonies  possessing  representative  insti- 
tutions and  responsible  government,  in  which  the 
crown  has  only  a  veto  on  legislation,  and  the 
home  government  has  no  control  over  any  public 
officers  except  the  governor.  .  .  .  Under  respon- 
sible   government   the   executive   councillors    are 

167 


COLONIAL  GOVERNMENT 

appointed  by  the  governor  alone  with  reference 
to  the  exigencies  of  representative  government; 
the  other  public  officers  on  the  advice  of  the 
executive  council.  In  no  appointment  is  the  con- 
currence of  the  home  government  requisite.  The 
control  of  nearly  all  public  departments  is  thus 
practically  placed  in  the  hands  of  persons  com- 
manding the  confidence  of  a  representative  legis- 
lature." 1 

At  the  time  when  this  classification  originated, 
several  of  the  colonies  which  now  have  acquired 
representative  government  still  belonged  to  the 
second  class,  so  that  this  class  was  of  considerable 
importance.  To-day,  however,  when  all  the  great 
settlement  colonies  of  England  in  the  moderate 
zone  have  been  given  responsible  government,  the 
second  class  has  dwindled  down  to  a  few  tropical 
colonies,  and  the  existence  of  representative  insti- 
tutions without  responsible  government  has  come 
to  be  a  rather  exceptional  regime.  It  has  practi- 
cally lost  its  separate  raison  d'etre  and  has  become 
a  subdivision  of  the  general  class  of  crown  col- 
onies. As  all  the  self-governing  colonies  at  one 
time  or  another  passed  through  this  stage,  its  his- 
torical importance  is  much  greater  than  that  which 
it  now  actually  enjoys.  At  present  there  are  vir- 
tually only  two  kinds  of  British  colonies,  those 
administered  directly  by  the  officers  of  the  crown, 
and  those  which  are  self-governing.  In  the  former 
the  administration   is   carried  on  by  a   governor, 

1  See  Colonial  Office  List^   1901.  ' 

168 


DIRECT   ADMINISTRATION 

who  is  assisted  by  councils  which  are  appointive 
or  partly  elective.  The  presence  of  the  elective 
element  in  the  composition  of  the  council  does  not 
fundamentally  change  the  character  of  a  colony, 
unless  it  rests  upon  the  basis  of  a  large  and  in- 
creasing white  population,  when  it  tends  to  grow 
rapidly  into  responsible  government. 

The  other  great  class  of  British  colonies  is 
composed  of  the  self-governing  commonwealths  of 
Australasia,  Canada,  and  South  Africa.  In  these 
colonies  the  internal  affairs  are  not  interfered  with 
by  the  mother  country  ;  they  have  almost  attained 
the  full  growth  of  independent  statehood,  and  are 
bound  to  the  mother  country  by  a  tie  which  re- 
sembles federation  rather  than  subjection. 

The  twofold  division  into  crown  colonies  and 
self-governing  colonies  which  we  have  indicated 
rests  not  merely  on  a  difference  in  institutions ;  it 
has  a  basis,  too,  in  physical  and  especially  in  cli- 
matic conditions.  The  tropical  colonies,  where  >^ 
the  white  settlers  are  few  in  number  compared 
with  the  masses  of  the  natives,  or  of  immigrants 
from  tropical  latitudes,  are  governed  directly  by 
the  crown,  and  the  home  government  habitually 
controls  the  internal  administration.  On  the  other  \ 
hand,  the  colonies  which  are  situated  in  more 
moderate  zones,  and  are  peopled  largely  by  the 
descendants  of  Europeans,  have,  in  the  natural 
course  of  political  evolution,  developed  institutions 
of  self-government  similar  to  those  of  the  mother 
country.  This  twofold  division  is  the  basis  of 
169 


COLONIAL   GOVERNMENT 

classification  which  most  prominent  writers  on 
colonial  politics  adopt.  Sir  George  Cornewall 
Lewis  finds  the  criterion  in  the  question  whether 
or  not  a  body  of  persons  representing  the  inhabit- 
ants of  the  dependency  exercises  a  constitutional 
control  over  the  executive  authority.  Sir  Charles 
W.  Dilke  refers  to  the  technical  official  division  of 
colonies  into  three  classes;  but  he  then  proceeds 
to  develop  the  idea  that  there  are  only  two  great 
groups  of  British  dependencies,  separated,  not  by 
institutional  forms,  but  by  physical  conditions. 

When  we  examine  the  colonial  systems  of  other 
nations,  we  find  that  their  colonies  are  nearly  all 
crown  colonies,  or,  in  other  words,  they  are  all 
under  the  direct  control  of  the  home  government, 
and  the  system  of  a  responsible  ministry  has  not 
been  developed  in  any  of  them.  In  the  older 
French  colonies,  the  system  of  elective  councils 
was  introduced  by  a  rather  fortuitous  combination 
of  circumstances  :  the  Second  Empire  restored  the 
councils  and  endowed  them  with  a  considerable 
measure  of  legislative  power,  while  the  Third 
Republic  brought  in  the  principle  of  election  by 
manhood  suffrage.  The  system  thus  created  is 
not  in  harmony  with  the  pofitical  ideas  either  of 
the  Empire  or  of  the  Republic.  The  latter  de- 
mands more  complete  assimilation,  while  the  for- 
mer would  have  refused  the  right  of  suffrage  to  the 
masses.  But  though  the  French  have  gone  to  the 
extreme  of  creating  councils  elected  by  manhood 
suffrage  in  some  of  their  less  important  colonies, 

170 


DIRECT   ADMINISTRATION 

they  have  nowhere  attempted  to  introduce  the 
principle  of  ministerial  responsibility  to  the  legis- 
lature. This  latter  statement  is  true  also  of  the 
German  and  the  Dutch  dependencies,  which  would 
in  this  respect  all  come  under  the  classification  of 
**  crown  colonies."  It  must,  of  course,  be  remem- 
bered that  these  other  nations  have  to  deal  almost 
entirely  with  colonies  in  the  tropics,  which  are 
unsuitable  for  settlement  by  their  own  citizens, 
and  hence  for  the  introduction  of  institutions  such 
as  responsible  government. 

In  the  subsequent  discussion,  which  will  also 
include  the  next  two  chapters,  we  shall  follow  the 
plan  of  dealing  first  with  the  colonies  that  are 
under  direct  administration  by  the  home  govern- 
ment, examining  in  this  connection  the  duties  of 
the  governor  and  the  functions  of  the  executive 
and  legislative  councils.  We  shall  then  discuss  in 
a  separate  chapter  the  results  of  the  experiments 
in  the  use  of  representative  institutions  within  the 
colonies ;  and,  finally,  we  shall  devote  some  brief 
attention  to  the  principles  underlying  the  system 
of  colonial  self-government. 

There  are  many  colonies  that  have  passed 
through  all  the  stages  of  development  which  we 
have  mentioned.  A  good  illustration  of  this  is  y 
afforded  by  the  history  of  Natal.  At  first,  the 
region  now  occupied  by  the  colony  was  a  mere  ^. 
sphere  of  influence,  where  the  British  flag  had 
been  hoisted  at  several  places,  and  where  treaties 
of  protectorate  had  been  concluded  with  some  of  y 

171 


COLONIAL   GOVERNMENT 

the  native  rulers  and  tribes  within  the  territory. 
For  a  time  after  the  British  had  frustrated  an  at- 
tempt of  the  Boers  to  gain  a  foothold  here,  and  to 
found  a  settlement  and  an  independent  state,  Natal 
was  administered  as  a  dependency  of  the  Cape  i 
government.  In  1845  the  colony  was  given  a 
separate  administration  in  charge  of  a  lieutenant- 
governor  with  an  executive  council ;  shortly  after, 
in  1848,  a  legislative  council  was  added.  In  1856 
Natal  became  independent  of  her  elder  sister.  Elec- 
tive members  were  admitted  into  the  council  in  the 
same  year,  and  finally,  in  1893,  the  colony  reached 
the  full  growth  of  a  self-governing  dependency  by  ,/ 
the  grant  of  responsible  government.  In  the  brief 
space  of  sixty  years  the  history  of  this  colony  ex- 
hibits seven  different  stages  of  political  develop- 
ment. 

In   the   colonies    of    direct    administration   the 
\/  governor  is  the  principal  figure;   in  him  govern- 
mental power  and  responsibility  are  concentrated. 
On  the  one  hand,  he  represents  the  sovereignty  of 
the  mother  country,  on  the  other,  the  interests  of 
the  colony  whose  affairs  he  has  in  charge.     Brit- 
ish   colonial   policy   is  remarkable   especially  for 
the   trust  it  reposes  in  individuals.      The   British 
have  shown    no    hesitancy  in   intrusting   men   in 
/prominent  positions  with  great  powers,  and  leaving  \ 
j  them  free  from  the  annoying  regime  of  petty  super-     \ 
I  vision  and  espionage  which  sapped  the  morale  of      ] 
\  the  Spanish  colonial  system.     Thus  there  has  been      / 
reared  a  line  of  very  efficient  administrators,  men     / 

172 


DIRECT   ADMINISTRATION 

who,  on  account  of  their  experience  and  their  care- 
ful attention  to  the  details  of  their  work,  are  true 
servants  of  their  commonwealth,  but  who  are  also 
kings  by  the  authority  which  they  wield  and  the 
respect  which  their  position  commands. 

The  chief  powers  of  Jhe  governor  of  a  British  ^ 
crown  colony  may  be  briefly  summarized  as  fol- 
lows. Where  legislative  councils  exist  he  has  the 
final  voice  in  the  process  of  lawmaking,  through 
his  right  of  assent  or  veto.  In  colonies  where 
there  are  no  such  councils  he  has  the  power  of 
legislating  by  his  own  ordinances.  Except  in  cases 
where  it  is  specially  reserved  to  the  crown,  the 
governor  exercises  the  right  of  appointment,  sus- 
pension, and  discharge  of  colonial  officials.  His 
power  in  this  respect  is,  however,  in  some  cases 
limited  by  civil  service  acts.  The  entire  colonial 
administration  .is  carried  on  under  the  control  of 
the  governor,  the  heads  of  the  departments  being 
responsible  directly  to  him.  He  also  controls  the 
movements  of  the  mihtary  forces  within  the  colony  ; 
his  warrant  is  necessary  for  the  payment  of  any 
moneys  out  of  the  colonial  treasury ;  and  he  has 
the  power  to  remit  fines  and  to  pardon  offences 
against  the  government. 

The  powers  of  the  governors  in  the  French^  col-  \ 
onies  are  based  on  the  important  Ordinance  of 
February  9,  1827,  modified  by  the  s^natus-considte 
of  1854.  The  governor  is  responsible  for  the  main- 
^tenance  of  law  and  order  within  the  colony,  and 
rith  this  end  in  view  controls  the  movements  of  i 
173 


COLONIAL   GOVERNMENT 

the  troops,  the  direct  command  of  which  is,  how- 
ever, in  the  hands  of  a  military  officer.  By  his 
J  arrete  the  governor  estabHshes  rules  for  the  guid- 
ance of  the  officials  in  all  the  branches  of  the  ad- 
ministration. In  the  same  manner  he  renders 
executory  the  local  budget,  which  isTramednSy  his 
privy  council,  and  in  colonies  which  have~T"gerT^al 
council  is~discussed  by  this  body.  He  must  ap- 
prove all  the  accounts,  and  exercises  a  general 
supervision  over  the  finances  of  the  colony.  It  is 
his  function  to  promulgate  the  laws  and  decrees  of 
the  home  government  which  apply  to  the  colony 
under  his  administration  ;  and  while  he  has  no 
right  to  interfere  with  the  administration  of  justice 
by  the  courts,  he  provides  for  the  execution  of  their 
judgments.  The  governor  is  the  diplomatic  repre- 
sentative of  his  colony,  and  is  often  empowered  to 
negotiate  commercial  or  other  conventions  with 
neighboring  countries. 
^  Under  normal  conditions,  in  colonies  of  direct 
administration,  the  governor  is  assisted  by  an 
executive  council.  The  character  of  this  council 
varies  exceedingly  according  to  local  conditions. 
While  in  some  colonies  it  is  merely  a  con- 
sultative conference  of  the  heads  of  the  colonial 
departments,  without  any  true  corporate  feeling, 
and  existing  only  for  the  purpose  of  enabling  the 
governor  to  inform  himself  upon  the  work  of  the 
administration,  in  other  cases,  being  composed  of 
officers  whose  tenure  is  more  permanent  than  that 
of  the  governor  himself,  it  becomes  a  corporate 

174 


DIRECT   ADMINISTRATION 

entity  and  a  powerful  factor  in  the  government. 
In  most  colonies  a  second  council  is  added  for  the  ■/ 
purpose  of  discussing  legislative  measures  prepared 
and  submitted  to  it  by  the  governor ;  and  in  some 
few  cases  the  legislative  council  bears  the  char- 
acter of  a  popular  assembly,  which  has  the  power 
to  originate  legislation,  and  which  at  times  claims 
to  represent  the  will  of  the  people  as  opposed  to 
the  authority  of  the  administration. 

A  body  of  great  ImEortaJXce.  and,  influence  is  the 
Council  of  the  Dutch  Indies.  It  consists  of  a 
^^ge-president_axld-£our-Jnembers  appointed  by  the 
crown,  and  it  constitutes  the  chief  repository  of 
the  experience,  wisdom,  and  traditions  of  the 
Dutch  government  in  the  East  Indies.  It  has  the 
power  to  advise  the  governor  upon  all  questions  of 
administration,  and  all  general  ordinances  must  be 
submitted  to  it.  The  governor  vs,  prima  facie  bound 
to  accept  its  counsel  in  these  matters,  and  must,  in 
case  of  his  failure  to  do  so,  state  his  reasons  ex- 
plicitly in  a  special  report  sent  to  the  home  govern- 
ment. The  council  may  also  demand  detailed 
information  upon  any  branch  of  colonial  affairs. 

Tjie_Germans  have  as, yet  created  but  few  color, 
nial^councils^  The  most  interesting  among  them 
is  the  council  of  government  established  in  Kiao- 
chau  in  1899.  This  body,  whose  functions  are 
purely  advisory,  is  composed  of  the  heads  of  the 
various  departments,  and  three  representatives  of 
the  civil  community,  one  of  whom  is  appointed  by 
the  governor,  one  elected  by  the  non-Chinese  trad- 

175 


4 


COLONIAL   GOVERNMENT 

ing  firms,  and  a  third  chosen  by  the  owners  of  real 
property  who  pay  a  tax  thereon  of  at  least  fifty 
dollars  silver  a  year. 

The  British  crown  colonies  may  be  divided  into 
three  classes :  those  entirely  without  councils, 
those  in  which  the  councils  are  appointive,  and 
those  within  which  they  are  partly  or  entirely 
elective.  The  first  class,  as  it  includes  only  a  few 
military  and  naval  stations  like  Gibraltar  and  St. 
Helena,  is  unimportant  in  this  connection,  and 
need  not  here  detain  us.  The  second  class  em- 
braces the  following  more  important  colonies  and 
dependencies :  India,  the  Straits  Settlements,  Cey- 
lon, Hongkong,  Fiji,  Trinidad,  the  Windward 
Islands,  the  Leeward  Islands,  and  all  of  the  West 
African  colonies. 

The  Indian  Empire,  while  not  officially  desig- 
nated a  colony,  still  in  fact  belongs  to  the  de- 
pendencies which  are  administered  directly  by 
agents  of  the  crown.  The  governor-general  of 
India  and  the  governors  of  the  Indian  provinces, 
representing  as  they  do  the  imperial  authority  over 
subject  races,  have  a  position  of  greater  power  than 
that  of  the  ordinary  colonial  governor.  They  are 
assisted  in  their  work  of  administration  by  legisla- 
tive councils,  and  in  the  case  of  the  older  provinces 
by  executive  councils  also,  which  are,  however,  all 
appointed,  either  by  the  crown  or  the  governor. 
/  The  executive  council  of  the  governor-general 
of  India  is  composed,  under  his  presidency,  of  six 
members  appointed  by  the  crown,  who  with  him 

176 


DIRECT  ADMINISTRATION 

represent  the  following  departments :  Foreign 
Affairs,  in  charge  of  the  governor-general  himself, 
Home  Affairs,  Finance,  Military  Affairs,  Public 
Works,  Revenue  and  Agriculture,  and  Legislation. 
The  legislative  council  of  the  Indian  Empire  con- 
sists, by  the  provisions  of  the  Indian  Councils 
Act  of  1892,  of  the  heads  of  departments,  with  the 
addition  of  from  ten  to  sixteen  members  who  are 
appointed  by  the  governor-general.  By  Order  in 
Council  the  governor-general  has  decreed  that  no 
more  than  six  of  the  additional  members  shall 
be  officials,  and  that  the  others  will  be  appointed  by 
himself  upon  the  recommendation  of  the  following 
bodies  or  groups :  {a)  the  non-official  additional 
members  in  the  legislative  councils  of  Madras, 
Bombay,  Bengal,  the  Northwest  Provinces,  Pan- 
jab,  and  Burma,  the  non-official  members  of  each 
provincial  council  having  the  right  of  recommend- 
ing an  appointee;  (d)  The  Calcutta  Chamber  of 
Commerce. 

Similarly,  the  legislative  councils  of  the  six  Ind- 
ian provinces  enumerated  above  are  composed  of 
the  members  of  the  provincial  executive  council, 
and  of  from  twelve  to  twenty  additional  members, 
appointed  by  the  governor.  Thus  the  regulations 
issued  by  the  lieutenant-governor  ^  of  Bengal, 
which  form  a  typical  instance,  provide  that  of 
the  twenty  additional  members  not  more  than  ten 

1  The  chief  official  of  Bengal  is  given  this  title  because  the  gov- 
ernor-general of  India  resides  in  the  same  province  ;  the  same  title 
is  also  used  in  the  Northwest  Provinces,  the  Panjab,  and  Burma. 

N  177 


COLONIAL   GOVERNMENT 

shall  be  officials.  The  others  will  be  appointed  by 
the  lieutenant-governor,  and  seven  of  them  upon 
the  recommendation  of  the  following  bodies :  (a)  the 
Corporation  of  Calcutta ;  {d)  such  municipal  corpo- 
rations or  groups  of  corporations  as  the  lieutenant- 
governor  may  indicate ;  (c)  such  district  boards  or 
groups  of  district  boards  as  he  may  indicate ; 
(d)  such  association  or  associations  of  landowners 
as  he  may  indicate ;  {e)  such  association  or  asso- 
ciations of  manufacturers,  merchants,  or  trades- 
men as  he  may  indicate;  (/)  the  Senate  of  the 
University  of  Calcutta.  The  other  seats  are  filled 
by  the  lieutenant-governor  in  such  a  manner  as 
shall  secure  a  fair  representation  to  the  different 
classes  of  the  community.  In  carrying  out  this 
decree,  the  governor  has  divided  the  municipalities 
of  Bengal  into  groups,  which  nominate  in  turn  each 
one  representative,  and  in  which  the  individual 
towns  are  accorded  weight  (one  to  six  votes)  rela- 
tive to  their  income  from  municipal  resources.^ 

The  governor  of  Ceylon  is  assisted  by  an  execu- 
tive council  composed  of  the  five  heads  of  depart- 
ments, and  by  a  legislative  council  consisting  of 
seventeen  members,  nine  of  whom  are  officials  and 
the  rest  non-official  representatives  of  the  different 
races  and  classes  in  the  community,  appointed  by 
the  governor  upon  the  recommendation  of  certain 
local  bodies.  The  legislative  councils  of  Hong- 
kong and  of  the  Straits  Settlements  are   similarly 

1  T^e  Legislative  Council  of  Bengal,  edited  by  F.  S.  Wigley, 
73-83. 

178 


DIRECT  ADMINISTRATION 

constituted.  The  six  unofficial  members  of  the 
former  are  appointed  as  follows  :  four  by  the 
crown,  two  of  whom  must  be  Chinese,  one  by 
the  Chamber  of  Commerce,  and  one  by  the  justices 
of  the  peace.  In  the  latter  colony,  seven  of  the 
nine  non-official  members  are  appointed  by  the 
crown,  and  one  each  by  the  Chambers  of  Commerce 
of  Penang  and  of  Singapore.  In  Fiji  and  in  the 
West  African  colonies  all  members  of  the  councils 
are  nominated  by  the  crown. 
•i/  In  the  British  West  Indies  the  tendency  has 
recently  been  toward  this  form  of  administration, 
and  away  from  the  older  system  of  elective  coun- 
cils. In  Trinidad  both  the  executive  and  the  legis- 
lative council  are  composed  of  nominated  members. 
The  same  is  true  of  the  Windward  and  practically 
also  of  the  Leeward  Islands.  Eight  of  the  sixteen 
members  of  the  federal  legislative  council  of  the 
Leeward  Islands  are  elected,  being  chosen  by  the 
unofficial  members  of  the  local  legislative  councils 
in  the  several  islands  composing  the  confederacy. 
But  as  the  representative  element  in  the  local 
legislatures  of  Antigua  and  Dominica  was  sup- 
pressed in  1898  upon  the  request  of  the  legisla- 
tures themselves,  the  elective  element  in  the 
federal  council  has  its  origin  in  appointive  legis- 
latures. 

In  all  these  colonies  which  we  have  just  passed 
in  review,  the  function  of  the  legislative  councils 
is  of  an  advisory  nature.  They  cannot  originate 
legislation,  their  function  being  simply  to  discuss 

179 


COLONIAL   GOVERNMENT 

and  act  upon  such  measures  as  are  laid  before 
them  by  the  governor  of  the  colony,  in  whom 
resides  the  ultimate  power.  However,  even  though 
a  council  does  not  enjoy  final  authority,  it  may 
acquire  under  certain  circumstances  very  great 
weight  in  the  affairs  of  the  colony,  especially 
where  it  represents  the  interests  of  municipal 
bodies  or  chambers  of  commerce.  We  shall  later 
return  to  a  discussion  of  this  system  of  making  in- 
terests rather  than  numbers  the  basis  of  represen- 
tation, a  system  which  is  of  increasing  importance 
in  the  administration  of  tropical  colonies. 

Turning  now  to  a  brief  review  of  the  colonies 
having  councils  which  are  partly  or  wholly  elective, 
we  shall  dispose  first  of  the  somewhat  exceptional 
case  of  Cyprus.  The  High  Commissioner  'of 
Cyprus  is  assisted  by  an  executive  council  of  three 
members,  and  by  a  legislative  council  composed  of 
six  officials  and  of  twelve  elective  members,  three 
of  whom  are  chosen  by  Mohammedan  voters  and 
nine  by  the  non-Mohammedan  population.  This 
system  is  unique  in  that  it  conlbines  the  principle 
of  popular  election  with  a  representation  based 
upon  rehgious  differences.  There  may  be  found 
in  other  colonies  a  representation  of  religious 
groups,  but  this  is  arrived  at,  not  by  the  method  of 
election,  but  by  appointment  through  the  governor. 

Several  of  the  West  Indian  colonies  have  re- 
tained a  representative  system  inherited  from  their 
early  colonial  history.  Thus  British  Guiana  still 
enjoys  in  substance  its  representative  institutions 

1 80 


DIRECT  ADMINISTRATION 

of  Dutch  origin,  which  were  guaranteed  by  the 
British  when  they  had  conquered  the  colony.  For 
legislative  purposes  the  governor  is  assisted  by  the 
Court  of  Policy,  composed  of  seven  official  and 
eight  elective  members.  In  matters  of  financial 
legislation  these  are  reenforced  by  six  additional 
elective  members,  together  with  whom  they  form 
the  so-called  Combined  Court.  This  body  alone 
can  levy  taxes,  but  the  general  regulations  of  law 
and  of  administration  originate  in  the  smaller  Court 
of  Policy.  The  electorate  of  British  Guiana  is  based 
on  a  property  quahfication,  and  it  is  rather  lim- 
ited in  numbers,  as  out  of  a  population  of  278,000 
there  are  only  2815  registered  voters.  The  col- 
onies of  the  Bahamas,  the  Bermudas,  and  Bar- 
bados also  retain  their  old  elective  Houses  of 
Assembly,  which  were  estabHshed  shortly  after  the 
first  beginnings  of  colonization.  The  Bermudan>^ 
House  of  Assembly  is  composed  of  thirty-six  elec- 
tive members,  and  out  of  a  population  of  16,000 
there  are  11 12  electors.  In  the  Bahamas,  the 
House  of  Assembly  consists  of  twenty-nine  elec- 
tive representatives.  In  Barbados,  the  House  of 
Assembly  has  twenty-four  members  ;  the  electorate, 
which  rests  upon  a  small  property  qualification, 
comprises  only  2044  registered  voters  out  of  a 
population  of  192,000. 

During  the  administration  of  the  colonial  office 
by  Lord  Derby,  in  the  years  from  1882  to  1885, 
the  home  government  was  strongly  inclined  to 
extend  the  system  of  representative  institutions  in 

181 


COLONIAL   GOVERNMENT 

the  colonies.  To  this  fact  is  due  the  establishment 
of  the  elective  legislature  in  Cyprus,  which  has 
already  been  described.  Moreover,  the  island  of 
Mauritius,  which  had  thus  far  been  administered 
by  a  governor  assisted  by  appointive  councils,  was 
in  1885  given  a  certain  measure  of  representative 
government.  Out  of  the  twenty-seven  members  of 
the  legislative  council  of  the  governor  as  it  is  now 
constituted,  eight  are  officials,  nine  are  nominated 
by  the  governor,  and  ten  elected  by  a  suffrage 
based  upon  a  moderate  property  qualification.  The 
registered  electors  number  about  6000  out  of  a 
population  of  400,000.  It  is  believed  that,  were  the 
Hindus  of  Mauritius  to  become  interested  in  poli- 
tics, they  could,  even  with  the  present  quahfication, 
make  themselves  the  determining  factor  in  the 
situation.  Much  more  would  this  be  the  case  if 
the  clamor  for  a  further  reduction  of  the  qualifica- 
tion and  for  making  the  assembly  completely 
elective,  should  be  granted  by  the  home  govern- 
ment. Mauritius  would  then  virtually  become  a 
Hindu  colony,  and  would  constitute  a  very  interest- 
ing experiment,  as  nowhere  else  do  Hindus  form  a 
commonwealth  with  elective  institutions.  Brought 
to  Mauritius  as  contract  laborers,  many  of  them 
after  their  term  of  contract  has  expired  settle  in 
the  island  permanently  as  farmers  or  small  trades- 
men, and  their  industry  and  frugality  soon  enable 
them  to  acquire  property. 

Like  the  other  islands  of  the  British  West  In- 
dies, Jamaica  originally  had  an  elective  assembly. 

182 


DIRECT   ADMINISTRATION 

During  the  troubles  of  1866,  however,  this  assembly 
voluntarily  abdicated  its  power  and  requested  the 
home  government  to  establish  direct  crown  admin- 
istration. After  the  clouds  of  that  turbulent  era 
had  passed  away,  demands  for  the  restitution  of 
the  older  regime  were  made,  until  finally,  in  1883, 
Lord  Derby  accorded  the  colonists  the  privilege  of 
electing  a  number  of  representatives,  not  to  exceed 
fourteen,  to  the  legislative  council. 

In  British  crown  colonies  in  which  a  popularly  y- 
elected  legislature  has  been  established,  the  crown 
no  longer  enjoys  the  right  of  legislating  by  Orders 
in  Council.  This  principle  was  settled  by  Lord 
Mansfield  in  the  celebrated  case  of  Campbell  vs. 
Hall.i  The  question  involved  in  this  case  was 
whether  the  King,  after  he  had  by  proclamation 
established  in  the  colony  of  Grenada  a  general 
assembly,  and  had  empowered  the  governor,  with 
the  consent  of  the  representatives  of  the  people,  to 
make  and  constitute  laws  and  ordinances,  could 
still  continue  to  legislate  by  virtue  of  his  royal  J 
prerogative.  The  court  in  its  decision  established^ 
the  following  principles :  first,  when  a  colony  is 
acquired  by  conquest  or  cession,  the  crown  can 
legislate  for  it  by  sole  royal  prerogative ;  second, 
this  prerogative  of  the  crown  is  subordinate  to 
the  legislative  power  of  the  Imperial  Parliament ; 
third,  the  crown,  in  its  prerogative  legislation  for 
the  colony,  cannot  make  any  change  contrary  to  the 
fundamental  principles  of  the  English  law  of  the 

1  Cowper's  Reports,  Vol.  I. 

183 


COLONIAL  GOVERNMENT 

land;  fourth,  articles  of  capitulation  and  articles 
of  peace  on  which  colonies  are  surrendered  or 
ceded,  are  inviolable ;  fifth,  in  a  colony  settled 
by  occupation,  a  representative  assembly  must 
participate  in  legislation;  sixth,  when  the  crown 
has  once  granted  to  a  conquered  or  ceded  colony 
the  right  of  having  a  representative  legisla- 
tive assembly,  it  cannot  any  longer  legislate  by 
royal  prerogative  for  such  colony.  Such  a  grant 
of  representative  institutions  is  irrevocable  by  the 
crown,  although  the  paramount  authority  of  the 
Imperial  Parliament  over  the  colony  continues. 
The  importance  of  this  decision  lies  in  the  fact  that 
it  clearly  establishes  the  respective  rights  of  Parlia- 
ment, the  sovereign,  and  the  colonial  legislatures. 
In  settlement  colonies  no  alternative  is  left  but  the 
establishment  of  a  representative  legislature.  In 
colonies  that  are  conquered  or  ceded,  it  is  within 
the  discretion  of  the  crown  to  legislate  directly  or 
to  establish  a  local  assembly.  When,  however, y^ 
legislative  powers  have  once  been  granted,  they 
cannot  be  revoked  at  pleasure;  and  unless  the 
crown  specifically  reserves  the  right  to  legislate  by 
Orders  in  Council  within  a  colony  thus  privileged, 
its  direct  control  over  legislation  has  passed  away. 
Such  a  reservation  was  made  in  the  case  of  British 
Guiana ;  and  in  Mauritius  and  Jamaica,  where  a 
limited  form  of  representative  government  has 
been  introduced,  the  crown  has  reserved  full 
power  to  modify  or  entirely  abolish  the  system  of 
election. 

184 


DIRECT  ADMINISTRATION 

The  political  institutions  of  the  French  West 
Indies  are  the  result  of  two  opposite  policies, — 
the  Republican  policy  of  absolute  centralized  assimi- 
lation, and  the  policy  of  a  colonial  regime  with  spe- 
cial laws  and  privileged  local  legislatures  or  general 
councils,  inaugurated  by  the  July  Monarchy  and 
taken  up  again  under  the  Second  Empire.  It  was 
the  policy  of  the  three  successive  Republics  to 
regard  the  colonies  as  integral  parts  of  the  national 
territory,  to  assimilate  their  administration  to  that 
of  a  French  department,  and  to  allow  the  colonial 
population  a  voice  in  the  national  parliament.  On 
the  contrary,  the  Monarchy,  as  well  as  the  Empire, 
looked  upon  the  colonies  as  pays  d' exception,  to  be 
governed  by  special  laws  and  decrees,  hence  not 
entitled  to  participation  in  the  national  legislature ; 
they,  however,  favored  the  policy  of  giving  consid- 
erable powers,  mostly  of  an  administrative  nature, 
to  the  colonial  councils.  The  products  of  these 
two  poUcies  constitute  the  political  institutions  of 
the  French  West  Indies  since  1870;  they  have 
never  been  harmonized,  nor  has  the  one  been  defi- 
nitely abandoned  for  the  other ;  so  these  colonies 
enjoy  both  representation  in  the  national  parlia- 
ment, and  the  possession  of  local  councils  with  a 
great  latitude  of  functions.  In  reviewing  briefly 
the  history  of  these  institutions  we  shall  recognize 
their  somewhat  haphazard  origin,  as  well  as  the 
grave  practical  difficulties  which  are  due  to  the 
lack  of  subsequent  harmonization. 

Before  the  Revolution,  the  old  French  colonies, 
185 


COLONIAL   GOVERNMENT 

Martinique,  Guadeloupe,  Guiana,  and  Reunion  were 
administered,  much  as  are  the  present  EngHsh 
crown  colonies,  by  a  governor,  with  the  assistance 
of  an  executive  council  and  a  colonial  assembly 
summoned  at  irregular  intervals.  By  a  royal  decree 
of  1787  the  organization  of  this  assembly  was  regu- 
lated and  the  qualification  for  suffrage  was  fixed  as 
the  ownership  of  at  least  twelve  slaves.  With  the 
Revolution  came  representation  in  the  national 
assemblies ;  the  Creole  French  were  at  that  time 
especially  popular  and  influential  in  French  society, 
so  their  request  for  representation  was  readily  ac- 
corded. Seventeen  cahiers  supported  this  demand ; 
that  of  the  Tiers  Etat  of  Versailles  even  went  so 
far  as  to  propose  complete  assimilation  of  the 
colonies.  The  idea  of  colonial  representation  in 
parliament  is  nowhere  directly  suggested  by  the 
French  pre-Revolutionary  publicists,  although  it  is 
completely  in  accord  with  their  general  system.  It 
remained  for  the  practical  American,  Benjamin 
Franklin,  and  for  Adam  Smith,  to  propose  in  its 
concrete  form  this  extreme  measure  of  "  Latin  as- 
similation." Its  adoption  by  the  French  nation  at 
this  time  was  undoubtedly  due  to  the  influence  and 
enterprise  of  the  Creoles  residing  in  France,  who  re- 
lied on  the  traditional  policy  first  announced  by  Louis 
XIII.  in  his  edict  of  1642,  "Que  les  descendants  des 
Frangais  habitues  esdites  iles  seront  reputes naturels 
fran^ais,  capable  de  toutes  charges  et  honneurs."  ^ 

1 "  That  the  descendants  of  Frenchmen  living  in  these  isles  shall 
be  considered  as  native  French,  capable  of  all  functions  and  honors." 

186 


DIRECT  ADMINISTRATION 

By  the  constitution  of  1795,  the  colonies  were 
absolutely  assimilated  to  the  French  national  terri- 
tory ^  and  treated  as  departments.  Before  these 
provisions  could  produce  any  practical  results  they 
were  abrogated  by  the  Consular  Constitution  of 
1799,  which  deprived  the  colonies  of  national  repre- 
sentation and  placed  them  again  under  a  regime 
of  special  law.  Not  until  the  end  of  the  Monarchy 
of  the  Restoration,  however,  was  colonial  adminis- 
tration definitely  organized.  By  the  ordinance  of 
February  9,  1827,  there  was  established  in  each 
colony  an  appointive  general  council  with  purely 
advisory  powers.  Under  the  July  Monarchy,  by 
the  Charte  Coloniale  of  April  24,  1833,  this  council 
was  made  elective,  with  a  very  high  qualification 
for  suffrage  (30,000  fr.  movable  property,  or  the 
annual  payment  of  300  fr.  direct  taxes).  This  local 
assembly  sent  two  delegates  to  Paris  to  act  as  in- 
termediaries between  the  colony  and  the  ministry. 
As  the  colonies  had  no  deputies  or  senators,  the 
Council  retained  the  services  of  members  of  the 
Chamber  and  the  Senate,  who  in  return  for  a 
handsome  fee  defended  the  colonial  interests  within 
the  national  parliament. 

The  Revolutionary  government  of  1848  returned 
to  the  policy  of  absolute  assimilation ;  it  abrogated 
the  system  of  special  laws  and  discontinued  the 
general  councils ;  as  a  compensation  the  colonies 
received  the  right  of  representation  in  the  national 

Art.  6 :  "  Les  Colonies  franfaises  soni  parties  integrantes  de  la 
Rkpublique,  et  sont  soumises  a  la  meme  loi  constitutionelle.^'' 

187 


COLONIAL   GOVERNMENT 

parliament,  under  a  system  of  manhood  suffrage 
in  which  the  newly  emancipated  negroes  were 
included. 

In  1852  the  system  of  special  legislation  was 
again  restored  on  the  ground  that  the  interests 
and  needs  of  the  colonies  differed  essentially  from 
those  of  the  mother  country,  and  that  the  hand  of 
authority  and  the  soothing  influence  of  time  were 
necessary  to  harmonize  the  social  elements  dis- 
tracted by  a  radical  revolution.  It  was  stated  that 
it  was  not  so  much  the  purpose  of  the  government 
to  discard  the  colonial  element  in  metropolitan 
legislation,  as  to  free  the  situation  in  the  colonies 
from  the  agitation  of  political  elections.^  The 
right  of  representation  in  the  national  parliament 
was  accordingly  annulled.^  The  Senate,  which 
had  been  given  the  power  of  organic  legislation 
by  the  constitution  of  1852,  decreed  by  the  s^na- 
tus-consulte  of  1854  (May  3)  that  there  should  be 
in  the  colonies  appointive  general  councils  with 
functions  analogous  to  those  of  the  French  depart- 
mental assemblies.  This  measure  laid  the  founda- 
tion of  the  present  system  of  colonial  councils. 
The  function  of  ordinary  legislation  for  the  colo- 
nies was  delegated  by  the  Senate  to  the  executive 
power,  to  be  exercised  by  means  of  administrative 
decrees,  or  by  orders  in  council  of  state.  This 
arrangement  is  known  as  the  systkme  des  d^crets. 
\     By  the  very  important  s^natus-consulte  of  1866 

1  Expose  des  motifs,  Proces-verbaux^  Senat,  1852,  I.,  447  sq. 
^  Decret  Organique  du  2  fevriet'y  18^2. 
188 


DIRECT  ADMINISTRATION 

(July  4)  the  powers  of  the  colonial  councils  were 
substantially  augmented,  and  they  acquired  dis- 
tinctive attributes  not  possessed  by  the  depart- 
mental assemblies.  Thus  they  received  the  power 
to  legislate  on  all  matters  concerning  the  manage- 
ment of  public  property,  acquisition  thereof  by 
the  colony,  and  grants  made  out  of  it;  on  public 
works  and  concessions  for  their  execution ;  on  the 
system  of  roads ;  and  finally,  most  important  of 
all,  they  were  given  the  right  to  vote  all  taxes  and 
contributions,  to  fix  the  customs  tariff  and  the  tariff 
of  the  octroi  de  mer}  The  general  councils  re- 
mained appointive,  one  half  of  their  members  being 
named  by  the  governor,  the  other  half  by  the  munic- 
ipal councils,  which  were  themselves  appointed  by 
the  head  executive.  The  above  attributes  of  legisla- 
tion, together  with  extensive  powers  of  delibera- 
tion and  advice  on  matters  of  the  budget  and 
colonial  administration,  gave  the  council  great 
influence.  Still,  it  was  rather  an  administrative 
council  than  a  legislature,  and  had  no  share  in  the 
ordinary  civil  or  criminal  legislation,  as  the  French 
codes  were  in  force  in  the  colonies.  The  govern- 
ments immediately  following  the  Revolution  of 
1870  did  not  change  these  functions  of  the  gen- 
eral councils,  but,  as  the  principle  of  election  by 
manhood  suffrage  was  introduced,  they  soon  be- 
came almost  independent  of  central  control.     The 

1  The  pacte  colonial,  or  system  of  navigation  laws,  had  been  abol- 
ished in  1 86 1.  The  octroi  de  mer  is  an  import  duty  levied  at  a 
seaport,  for  municipal  purposes. 

189 


COLONIAL  GOVERNMENT 

powers  originally  granted  to  an  appointive  council 
were  left  unaltered  when  that  body  became  an 
elective  assembly.  Nor  was  the  national  execu- 
tive deprived  of  the  authority  of  legislating  for 
the  colonies  by  decree  or  order  in  council;  this 
systhvie  des  decrets  has  become  a  special  grievance 
of  the  colonies,  since  that  time.  In  1871  colonial 
representation  in  the  national  parliament  was  re- 
established, the  deputies  being  elected  by  univer- 
sal suffrage.^ 

The  system  as  it  has  existed  since  1870  may 
therefore  be  briefly  described  as  follows.  The 
colonies  participate  in  national  legislation  through 
the  presence  of  their  representatives  in  the  Senate 
and  Chamber  of  Deputies.  General  colonial  legis- 
lation, however,  is  settled  almost  entirely  by  the 
national  executive,  and  colonial  matters  come  up 
in  the  parliament  only  by  way  of  interpellation  or 
when  the  budget  is  being  discussed.  The  local 
colonial  assemblies  originate  much  of  the  adminis- 
trative legislation,  either  by  the  exercise  of  their 
powers  enumerated  above,  or  by  deliberating  upon 
measures  which  are  given  final  force  of  law  by 
arrete  of  the  governor  or  decree  of  the  head  of  the 
state.  The  civil  service  in  the  colonies  is  recruited 
chiefly  by  appointment  through  the  governor ;  but 
as  he  is  himself  dependent  upon  the  majority  in  the 

1  Some  portions  of  this  chapter  have  been  taken  from  the 
writer's  article  on  "  French  Experience  with  Representative  Gov- 
ernment in  the  West  Indies"  in  the  American  Historical  Re- 
viewt  Vol.  VI.,  pp.  475-497- 

190 


DIRECT  ADMINISTRATION 

general  council,  the  latter  body  exercises  great  in- 
fluence in  the  selection  of  public  officials. 

The  period  of  the  Third  Republic  has  been 
marked  by  the  establishment  of  general  councils 
in  almost  all  of  the  French  colonies  which  had  not 
already  received  them  in  1854.  By  decree,  in  1871, 
elective  general  councils  were  established  in  the 
three  Algerian  provinces  of  Algiers,  Oran,  and 
Constantine.  These  councils  are  composed  of 
elected  representatives  of  the  European  part  of 
the  population,  and  of  six  native  delegates,  who 
are  appointed  by  the  governor-general.  A  Su- 
perior Council  of  Government,  for  the  whole  of 
Algeria,  instituted  originally  in  1844,  discusses 
the  Algerian  budget  and  the  projects  of  legislation 
which  the  government  has  prepared  for  submis- 
sion to  the  French  Chambers.  It  is  composed  of 
high  officials,  nominated  by  the  head  of  the  state, 
and  of  representatives  of  the  three  general  councils, 
each  of  which  elects  six  of  its  members  for  this 
purpose.  This  council,  too,  has  purely  consulta- 
tive functions,  but  by  virtue  of  representing  the 
French  colonists  in  Algeria,  it  has  been  able  to 
exercise  great  influence  upon  the  course  of  action 
pursued  by  the  government. 

In  the  year  1878  a  general  council  was  estab- 
lished in  French  Guiana ;  it  was  modelled  upon  the 
councils  of  the  Antilles,  and  has  similar  powers  of 
legislation  and  deliberation.  It  is  composed  of 
sixteen  members  elected  by  manhood  suffrage. 
The   general   council   of   Senegal,  estabUshed   in 

191 


COLONIAL   GOVERNMENT 

1879,  is  composed  of  twenty  delegates  elected  by 
the  inhabitants  of  regularly  constituted  communes. 
The  council  has  the  right  to  vote  taxes  and  con- 
tributions, with  the  exception  of  customs  duties 
and  the  octroi  de  mer^  which  are  fixed  by  the  home 
government.  In  other  respects  its  functions  are 
purely  advisory.  In  the  same  year,  a  general 
council  was  estabhshed  in  French  India  which  re- 
sembles in  its  powers  and  attributes  that  of  Guiana. 
The  organization  of  the  electorate  in  the  Indian 
estabUshments  (Pondichery,  Karikal,  Chanderna- 
gor,  Mahe,  and  Yanaon)  is,  however,  unique. 
There  are  two  Usts  of  electors,  one  composed  of 
Europeans,  the  other  of  natives,  each  of  which  has 
the  right  to  elect  one-half  of  the  delegates  which 
any  estabUshment  sends  to  the  council.  Formerly, 
a  third  electoral  Hst  was  provided  for,  which  was 
composed  of  natives  who  had  renounced  their  in- 
herited status  and  customs,  and  had  placed  them- 
selves under  French  law  {renonqants)\  but  this 
list  was  never  of  real  importance  anywhere,  and 
it  was  practically  discontinued  by  the  provisions 
of  a  decree  issued  in  1899. 

The  colonial  council  of  Cochin  China,  which  was 
instituted  in  1880,  claims  our  special  attention.  It 
is  composed  of  sixteen  members :  six  Frenchmen, 
six  Anamites,  two  members  of  the  privy  council 
of  the  governor  who  are  appointed  by  decree, 
and  two  representatives  of  the  Chamber  of  Com- 
merce of  Saigon.  Although  the  majority  of  this 
council  is  elective,  the  official  element  in  Cochin 

192 


DIRECT   ADMINISTRATION 

China  has  been  strong  enough  to  control  the  elec- 
tions completely,  and  the  natives  of  the  colony 
have  benefited  little  by  their  representation.  The 
native  members  are  elected  by  a  college  composed 
of  delegates  of  the  municipalities ;  and  they  must, 
under  a  law  in  force  since  1898,  be  able  to  use  the 
French  language.  Before  1898  the  colonial  coun- 
cil controlled  the  entire  financial  administration 
of  Cochin  China ;  but  in  that  year  a  general  budget 
was  created  for  the  whole  of  Indo-China,  which  is 
under  the  control  of  the  governor-general ;  the 
colonial  council  now  disposes  only  of  the  local  in- 
come and  expenditure  of  the  colony  proper. 

In  1885  general  councils  were  established  in  the 
small  colonies  of  New  Caledonia,  of  St.  Pierre  and 
Miquelon,  and  of  the  French  islands  in  Oceanica. 
In  the  last  two  cases  the  council  was  composed  of 
representatives  from  the  various  islands ;  on  ac- 
count of  the  distance  of  some  of  these  from  the 
seat  of  government,  it  became  customary  to  elect 
as  general  councillors  members  of  the  municipal 
council  of  Papeite,  and  of  the  town  of  St.  Pierre 
respectively.  In  the  latter  case  the  general  coun- 
cil was  abolished  in  1897.  In  Oceanica  the  more 
distant  islands  were  given  a  representation  of  one 
member  each  on  the  governor's  privy  council, 
while  the  jurisdiction  of  the  general  council  was 
confined  to  the  Tahiti  group.  All  of  these  gen- 
eral councils  are  elective,  but  their  functions  are 
purely  deliberative. 

It  now  remains  for  us  briefly  to  state  the  present 
o  193 


COLONIAL   GOVERNMENT 

extent  of  the  representation  of  the  French  colonies 
in  the  national  parliament,  the  principle  and  his- 
toric origin  of  which  has  already  been  discussed. 
The  islands  of  Martinique,  Guadeloupe,  and  Re- 
union are  each  entitled  to  two  deputies  and  one 
senator.  The  establishments  in  India  send  one 
deputy  and  a  senator,  and  the  colonies  of  Cochin 
China,  Senegal,  and  Guiana  are  represented  each 
by  one  member  of  the  Chamber  of  Deputies.  The 
three  provinces  or  departments  of  Algeria  are 
represented  by  one  senator  and  two  deputies  each ; 
these  representatives  are  elected  by  the  French 
colonists  in  Algeria.  The  colonial  senators  are 
chosen  by  an  electoral  college,  composed  of  the 
deputies  of  the  respective  colonies,  of  representa- 
tives of  the  municipalities,  and  of  the  members  of 
the  general  council.  The  deputies  are  elected  by 
universal  manhood  suffrage,  except  in  Cochin 
China  and  Algeria,  where  only  French  settlers 
vote  in  this  election.  The  laws  allowing  deputies 
to  the  colonies  were  all  passed  between  1870  and 
1884;  since  then  the  principle  has  not  received 
any  further  extension  in  practice. 

REFERENCES 

Bonnefon,  E.  L.,  DAfrique  politique  en  igoo.     Paris,  1900. 

pp.  109-146- 
Bowen,  Sir  G.  F.,  Thirty    Years  of  Colonial  Government. 

London,  1889.     Ch.  XXXIL 
British  Empire  Series.     London,  1899.     "Asia."    pp.  94- 

134,  449-462,  498-530- 

194 


DIRECT   ADMINISTRATION 

Chailley-Bert,  ].,  La    Colonisation   de  V Itido-Chine .     Paris, 

1892.     pp.  78-135- 
Creasy,   A.,    The    Constitutions  of  the    Britannic    E7npire. 

London,  1872.     Ch.  III. 
Deschamps,  L.,  Les  Colonies  pendant  la  Revobition.     Paris, 

1898. 
Dilke,  Sir  C.  W.,   Probleins  of  Greater  Britain.     London, 

1890.  Pt.  V. 

Durham,  Lord,  Report  on  Canada^  1839.     Reprinted  in  1901 

by  Methuen,  London. 
Field,  D.  C,  "  Limitations  of  the  Powers  of  the  Legislative 

Council  in  India."     Law  Quarterly  Review^  XI.     278. 
Girault,  A.,  Principes  de  colonisation.     Paris,  1895.     pp.  317- 

403- 
Kidd,  B.,  The  Control  of  the  Tropics.     New  York,  1898. 
Kingsley,    Mary,    West  African    Studies.       London,    1900. 

Chs.  XIII.-XVII. 
Leroy-Beaulieu,  P.,  LAlgirie  et  la  Tunisie.      Paris,   1897. 

Bk.  I.,  Ch.  XI. 
Lewis,  Sir  G.    C,    Government  of  Dependencies.      Oxford, 

1891.  Ch.  X. 

Lucas,  C.  P.,  Historical  Geography  of  the  British  Colonies. 

Oxford,  1894.     Vol.  III.,  Chs.  VII.,  X. 
Norman,  C.  B.,  Colonial  France.     London,   1886.     Chs.   I., 

VI. 
Norman,  Henry,  The  Peoples  a7id  Politics  of  the  Far  East. 

New  York,  1895.     Chs.  IV.,  VII. 
Noufflard,  Ch.,  "Colonies   anglaises  de  la  cote  occidentale 

d'Afrique."      In   Annates   de   la  Science  Politique,   XI. 

429. 
Orleans,  Prince  Henri  d'.  Around  Tonkin  andSiam.    London, 

1894. 
Petit,  E.,  Organisation  des  colonies  franqaises.     Paris,  1894. 

Vol.  I.,  Titre  III. 
Quayle-Jones,   Sir  W.   H.,   "Our  West  African  Colonies." 

British    Empire    Series.      London,    1901.       Vol.    II., 

pp.  334  j^. 

195 


COLONIAL   GOVERNMENT 

"  Report  of  the  West  India  Royal  Commission.'"  In  Parlia- 
mentary Papers.     1897.     (C.  8655.) 

Riebow  and  Zimmermann,  Die  detitsche  Kolonialgesetzgebung. 
Berlin,  1 893-1 899.     3  pts. 

Stengel,  K.  v.,  Die  deutschen  Schutzgebiete.     Miinchen,  1895. 

Strachey,  Sir  J.,  India.     London,  1894.     Ch.  IV. 

Terrier,  A.,  "  La  Politique  anglaise  en  Afrique  occidentale." 
In  Questions  dipioinatiqnes  et  coloniales,  XII.  513. 

Zimmermann,  Dr.  A.,  Die  enropdischeii  Kolonien.  Berlin, 
1896-1901.     Vol.  111.,  pp.  67-83. 


196 


CHAPTER  XI 

EXPERIENCE    WITH    REPRESENTATIVE    INSTITUTIONS 
IN    COLONIES    OF    DIRECT   ADMINISTRATION 

After  having  in  the  last  chapter  briefly  out- 
lined the  existing  representative  institutions  in 
colonies  which  do  not  have  "responsible  govern- 
ment," we  may  now  undertake  a  more  general 
discussion  of  the  merits  of  this  system  as  they 
appear  from  actual  experience.  The  colonies  in 
question  are  nearly  all  in  the  tropics;  we  are, 
therefore,  confronted  with  the  presence  of  at  least 
two,  and  in  some  cases  more,  races  or  populations 
—  the  natives  and  the  Europeans.  As  long  as 
the  representative  principle  is  apphed  only  to  the 
latter,  the  machinery  of  government  may  work 
smoothly  enough  and  no  internal  difficulties  may 
arise  in  its  operation  ;  but  the  interests  of  the  more 
numerous  part  of  the  population,  the  natives,  are 
unrepresented,  and  are,  as  a  matter  of  fact,  left  to 
the  mercy  of  a  class  not  disposed  to  deal  with  the 
claims  of  the  natives  in  the  most  scrupulous 
manner  —  the  whites  who  have  come  to  the  col- 
ony to  seek  wealth  and  make  their  fortune  as 
quickly  as  possible.  It  is  here  that  the  great 
difficulty   lies,   in   the   problem   how   to  devise  a 

197 


COLONIAL   GOVERNMENT 

system  that,  while  not  disregarding  the  just  claims 
of  the  natives,  will,  on  the  other  hand,  avoid  the 
inefficiency  and  general  hostility  to  industrial  im- 
provement which  characterize  a  purely  native 
regime. 

From  the  experience  of  the  French  Antilles  we 
can  draw  some  general  conclusions  as  to  the  work- 
ing of  the  system  of  representation  there  in  use. 
Considering,  first,  representation  in  the  national 
parliament,  we  find  that  it  has  given  the  deputies 
themselves  great  personal  influence.  Since  the 
ministries  are  usually  in  need  of  every  vote  that 
can  be  obtained,  and  since  the  colonial  deputies  are 
more  independent  in  national  affairs  than  are  those 
who  have  French  constituencies,  their  support  is 
always  courted.  The  very  adoption  of  the  repub- 
Ucan  form  of  government  in  1875  would  have 
failed  without  the  votes  of  the  colonial  deputies  ; 
the  Wallon  amendment,  by  which  the  title  of 
president  was  bestowed  upon  MacMahon,  was 
passed  by  a  majority  of  only  one  vote.  In  1882, 
just  when  the  affairs  of  the  French  nation  were 
in  a  serious  crisis,  M.  Blancsub^,  the  deputy  for 
Cochin  China,  was  the  leader  in  bringing  about 
the  overthrow  of  the  Freycinet  government.  The 
colonial  deputies  and  senators  are,  by  virtue  of 
their  office,  members  of  the  Conseil  Sup^rieur  des 
Colonies^  through  which  they  are  in  a  position 
strongly  to  influence  public  opinion.  They  also 
take  a  leading  part  in  all  congresses  where  colo- 
nial questions  are  discussed.     The  important  In- 

198 


REPRESENTATIVE   INSTITUTIONS 

ternational  Congress  of  1889  and  the  French 
National  Congress  of  1890  in  nearly  all  their 
resolutions  followed  the  lead  of  Senator  Isaac  of 
Guadeloupe.  He  there  not  only  advocated  the 
complete  assimilation  of  the  older  colonies  to  the 
metropolitan  institutions,  and  the  abolishment  of 
the  "regime  of  decrees,"  but  he  also  carried  a 
resolution  favoring  a  like  policy  for  all  colonial 
dependencies  of  France.  To  the  influence  of  the 
colonial  deputies  more  than  to  any  other  cause 
may  be  attributed  the  persistence  of  the  assimila- 
tion poHcy  in  French  colonization.  By  the  very 
act  of  vindicating  their  privileges  of  representa- 
tion they  favor  the  extension  of  these  principles 
to  the  newer  colonies ;  and  as  they  are  not  only 
specially  interested,  but  are  also  considered  spe- 
cially competent  in  colonial  affairs,  their  influence 
has  been  preponderant.  They  were  not  able, 
however,  tp_preyent  the  ultimate  establishment  ol, 
a  separate  ministry  of  colonies,  which  they  had 
lon^  resisteaj  As  this  ministry  is  naturally  more 
interested  in  the  newly  acquired  vast  domains  of 
France  in  Africa  and  in  Asia  than  in  the  older 
colonies,  the  influence  of  the  colonial  representa- 
tives has  been  diminished  in  consequence  of  its 
creation. 

No  direct  beneficial  influence  of  the  system  of 
parliamentary  representation  on  the  colonies  them- 
selves can  be  traced,  except  in  the  matter  of  ob- 
taining occasional  favors  of  a  fiscal  nature,  such  as 

1  See  p.  280. 


COLONIAL   GOVERNMENT 

subventions  and  exemptions.  No  thoroughgoing 
reforms  in  colonial  affairs  have  been  suggested  or 
carried  out  by  the  colonial  representatives.  This 
is  due,  of  course,  partly  to  the  fact  that  the  Cham- 
bers do  not  as  a  general  rule  interfere  with  colonial 
affairs,  but  leave  their  management  to  the  execu- 
tive. But  the  representatives  are  generally  in- 
clined to  view  the  affairs  of  their  constituencies 
from  a  narrow,  partisan  point  of  view.  A  deputy 
of  Guadeloupe  has  described  the  situation  as  fol- 
lows :  "  The  greatest  part  of  their  activity  is  given, 
no  matter  what  repugnance  they  may  feel  thereto,  to 
the  task  of  cultivating  the  good  will  of  the  minister 
toward  their  friends  among  the  colonial  function- 
aries. They  must  constantly  be  on  their  guard 
against  adverse  influence,  and  spend  their  time 
sohciting  support  in  the  bureaus.  The  colonial 
elections  have  become  a  matter  of  mere  personal 
antagonism."  ^ 

It  is  interesting  to  note  that  most  of  the  represen- 
tatives of  the  Antilles  and  Guiana  in  the  Chambers 
have  of  late  usually  voted  with  the  Socialist  party. 
A  Creole  leader,  M.  Hurard,  expresses  the  inclina- 
tion of  the  insular  population  to  Socialism  in  char- 
acteristic language ;  he  says,  "  We  Creoles  follow 
France  because  we  have  absorbed  the  French  con- 
ception, because  we  are  of  past  servitude,  and  hence 

^Letter  in  H Independant  de  la  Guadeloupe,  February  1 6,  1899. 
Merivale,  in  his  Lectures  on  Colonization  (1841),  expresses  the  belief 
that  colonial  representatives  would  be  mere  party  agents  in  Parlia- 
ment. 

200 


REPRESENTATIVE   INSTITUTIONS 

by  atavism  predisposed  to  integral  enslavement  in 
collectivism,  because  we  poor  islanders  can  have 
no  ambitions  beyond  being  functionaries."  The 
present  governor  has  gone  so  far  as  to  declare  that 
in  Martinique  the  regime  of  large  properties  is 
incompatible  with  the  actual  social  state.  In  order 
to  maintain  and  protect  it,  he  considers  it  indispen- 
sable that  the  laws  which  govern  British  dependen- 
cies be  applied  to  the  French  colonies.  The  French 
Socialists  look  upon  their  colonial  associates  as  an 
important  accession  to  their  force  and  are  ever 
ready  to  defend  the  colored  democracy.  "  For  us 
Socialists  the  negro  workmen  of  Martinique  are 
brothers  in  humanity,  having  the  same  rights  and 
aspirations.  They  have  their  place  in  our  hearts." 
They  count  upon  the  colonial  deputies  in  their 
fights  against  the  reactionary  tendencies,  and  the 
colonists  in  turn  are  always  pointing  to  their 
services  in  the  establishment  and  maintenance  of 
republican  institutions  in  the  mother  country,  as  a 
basis  of  their  claim  to  have  the  principle  of  colonial 
representation  preserved  and  extended. 

As  we  turn  from  representation  in  the  national 
parliament  to  the  local  colonial  council,  we  find 
that  it  is  animated  by  the  same  political  desires  as 
the  deputies  and  senators  in  Paris,  and  that  its 
chief  concern  is  the  control  of  the  patronage.  The 
uppermost  consideration  in  the  mind  of  a  councillor 
is  always  the  gaining  of  votes  through  local  influ- 
ence, or  the  punishment  or  reward  of  the  adminis- 
trative departments  according  to  the  attitude  they 

20I 


COLONIAL  GOVERNMENT 

have  taken  toward  his  election. ^  The  fiscal  policy 
of  the  councils  is  governed  by  the  same  considera- 
tions. Expenses  for  public  improvements  of  an 
industrial  nature,  such  as  harbors  and  roads,  are 
carefully  kept  down.  On  the  other  hand,  since 
the  influence  of  the  general  council  grows  with  the 
number  of  officials  dependent  on  it,  the  expenditure 
for  salaries  is  constantly  increasing.  Thus,  Mar- 
tinique has  1400  functionaries  out  of  14,000  men 
who  could  possibly  hold  civil  service  positions.^ 
The  bane  of  functionarism  is  fixed  upon  the  colo- 
nies, and  political  Hfe  has  consequently  become  an 
acrid  struggle  for  personal  influence  and  patronage. 
By  the  side  of  this  expenditure  for  the  civil  service, 
large  sums  are  voted  for  public  education  and 
scholarships ;  the  latter  fulfil  the  double  purpose 
of  advancing  learning  and  providing  for  the  pro- 
teges of  the  politicians.  Large  grants  and  conces- 
sions are  often  made  out  of  the  public  property; 
thus,  the  council  of  Guiana  granted  200,000  hec- 
tares of  valuable  land  to  one  individual,  and  at  the 
same  time  proposed  to  divide  the  colonial  reserve 
fund  among  the  communes.^ 

The  experience  of  France  in  the  other  colonies 
where  representative  government  has  to  some  ex- 
tent been  tried  has  been  discouraging  to  even  a 
far  greater  extent.     The  composition  of  the  elec- 

^  Debate  in  the  general  council  of  Guiana,  cited  in  Annales  des 
sciences  politiques,  XV.  256. 

2  Les  Colonies,  September  15,  1900.  Also  Mr.  Austin  Lee's  Report 
on  French  Colonies,  published  by  the  British  Foreign  Office,  1900. 

*  Annales  des  sciences  politiques,  XV.  259. 
202 


REPRESENTATIVE   INSTITUTIONS 

tive  colonial  council  in  Cochin  China  has  already 
been  described.  It  is  generally  known  that,  for  a 
time,  when  the  council  still  had  great  influence,  its 
members  were  among  the  heaviest  government 
contractors,  and  that  one  of  its  presidents  held  con- 
tracts with  the  administration  to  the  amount  of 
2,000,000  francs.  A  decree  of  1888  prohibited 
any  councillor  from  becoming  a  government  con- 
tractor, and  the  powers  of  the  council  itself  were 
subsequently  curtailed  to  such  an  extent  that  it 
is  no  longer  of  great  influence.  But  its  history 
stands  as  a  warning  against  intrusting  a  small 
class  of  colonists  from  the  mother  country  with 
political  power  over  a  large  native  population. 
Thus,  while  the  powers  of  this  council  were  still 
undiminished,  the  taxes  that  were  gathered  from 
the  entire  colony  were  lavishly  spent  upon  the 
adornment  and  improvement  of  Saigon,  the  French 
town  of  residence ;  appropriations  made  for  a 
botanical  garden  were  diverted  and  used  for  the 
city  parks ;  and  road  building  in  the  interior  of  the 
colony  remained  undone  in  order  that  splendid 
drives  around  the  capital  might  be  constructed. 
Officials  who  showed  an  inclination  to  interpose 
objections  to  this  policy  of  the  council  either  had 
their  salaries  raised  to  silence  them,  or,  if  too  in- 
tractable, soon  found  that  their  recall  had  been 
successfully  requested  of  the  home  authorities. 
Meanwhile  the  resources  of  the  colony  lay  without 
development,  and  the  native  population  lived  in 
increasing  poverty. 

203 


COLONIAL   GOVERNMENT 

The  complicated  system  of  elections  in  vogue  in 
French  India  renders  electoral  manipulations  there 
exceedingly  easy  and  frequent.  As  a  matter  of 
fact,  the  result  of  the  elections  is  usually  known  in 
advance,  and  the  ballot  boxes  are  often  filled  by  the 
officials  before  the  election  begins.  There  are  in 
French  India  500  European  to  76,000  native  elec- 
tors, but  the  latter  usually  do  not  even  take  the 
trouble  to  vote,  as  they  well  know  that  their  votes 
are  powerless  to  influence  the  course  of  the  election. 
In  Senegal  the  electoral  body  comprises  about  700 
whites,  400  mulattoes,  and  8000  blacks.  The  latter 
are  controlled  entirely  by  their  chiefs,  with  whom 
arrangements  concerning  the  purchase  of  their 
votes  in  large  blocks  can  readily  be  made.  It  is 
apparent  from  this  that  nowhere  outside  of  the 
Antilles  has  representation  of  the  native  element 
resulted  in  more  than  an  empty  form,  which  lends 
itself  very  readily  to  fraudulent  uses. 

In  the  three  Algerian  provincial  councils  the 
native  element  is  represented  only  by  a  few  ap- 
pointed delegates,  who,  for  practical  purposes,  have 
absolutely  no  power.  The  representatives  of  the 
French  colonists  may  be  said  virtually  to  compose 
these  councils.  Although  they  have  been  neither 
so  influential  nor  so  corrupt  as  the  colonial  council 
of  Cochin  China,  they,  too,  may  fairly  be  cited  in 
support  of  the  contention  that  it  is  unwise  to  give 
sole  political  power  to  the  white  colonists  in  matters 
in  which  the  native  population  is  equally  interested; 
for  they  have  never  given  proof  of  the  ability  of 

204 


REPRESENTATIVE   INSTITUTIONS 

viewing  the  colonial  situation  apart  from  the  nar- 
row interests  of  their  class.  On  the  contrary,  the 
manner  in  which  the  Algerian  councils  have  used 
their  political  influence  for  the  exclusive  and  selfish 
purpose  of  benefiting  the  French  colonists  at  the 
expense  of  the  natives,  has  done  much  to  perpetu- 
ate the  hatred  between  the  races  and  to  bring  the 
French  government  into  disrepute. 

The  provincial  councils  of  Algeria,  while  they 
represent  only  the  French  element,  nevertheless 
make  up  the  entire  budget  of  the  province  or 
department,  with  the  result  that  the  taxes,  though 
collected  chiefly  from  the  natives,  are  spent  almost 
entirely  for  the  benefit  of  the  colonists.  Thus,  in 
the  department  of  Constantine,  which  is  the  most 
radical  in  the  anti-native  attitude  of  its  colonists, 
some  of  the  electoral  districts  have  the  following 
ratio  between  electors  and  natives:  Biskra,  251 
electors  and  116,265  natives;  Akbow,  287  elec- 
tors and  219,865  natives.  In  this  department  the 
taxes  collected  within  the  military  territory,  which 
is  inhabited  almost  exclusively  by  natives,  between 
1 88 1  and  1896  averaged  600,000  francs  annually. 
However,  during  this  whole  period,  no  money  was 
spent  on  internal  improvements  in  this  part  of  the 
province ;  it  was  all  put  into  the  building  and 
maintenance  of  roads  and  other  public  works 
within  the  civil  territory,  where  the  French  col- 
onists had  settled.  In  the  province  of  Oran,  in 
1 894,  the  receipts  from  the  "Arab  impost"  amounted 
to  449,000  francs,  while  only  28,000  francs  were 

205 


COLONIAL   GOVERNMENT 

expended  in  the  military  territory  of  the  depart- 
ment. 

The  provincial  councils  are  also  to  a  large 
extent  responsible  for  the  continued  enforcement 
of  the  code  de  Vindighiat}  which  is  demanded  by 
the  French  settlers  as  essential  to  their  security. 

The  constitution  of  the  municipal  councils  in 
Algeria  will  be  discussed  in  Chapter  XVIL,  but 
we  may  add  here  that,  as  the  natives  have  practi- 
cally no  influence  in  the  communal  government, 
not  being  allowed  to  elect  more  than  one-fourth  of 
the  municipal  councillors,  there  has  always  been 
a  great  alacrity  among  the  colonists  to  confer  the 
rights  of  municipal  suffrage  on  constantly  increas- 
ing areas,  which  are  thus  made  subject  to  the 
taxing  power  of  the  commune,  and  may  be  forced 
to  render  tribute  for  the  advantage  of  the  French 
settlers.  In  general  it  may  be  said  that  the  Alge- 
rian representative  bodies  have  always  been  ready 
to  spend  for  the  exclusive  interests  of  the  French 
colonists  the  taxes  collected  from  the  native  popu- 
lation. 

The  Superior  Council  of  Algeria  has,  during 
the  past  few  decades,  been  of  less  importance 
than  the  provincial  councils-general.  When,  in 
1 88 1,  Xki^s^yst^me  des  rattachentetxis  was  instituted, 
the  authority  of  the  central  government  of  Algeria 
suffered  an  almost  complete  eclipse.  This  system 
involves  the  direct  dependence  of  each  branch  of 
the  public  service  in  Algeria  upon  the  respective 

1  See  page  353. 
206 


REPRESENTATIVE    INSTITUTIONS 

ministry  in  France,  and  not  upon  a  central  colonial 
administration  at  Algiers.  The  system  was  adopted 
at  the  urgent  request  of  the  French  colonists,  who 
desired  to  be  treated  as  if  they  had  not  left  the 
mother  country,  and  whose  interest  it  was  to  have 
the  provinces  of  Algeria  considered  as  departments 
of  France.  Consequently,  for  many  years,  the 
functions  of  the  governor-general  and  of  his  Supe- 
rior Council  were  rather  ornamental  than  useful ; 
the  high  officials  at  Algiers  were  often  not  even 
informed  concerning  the  most  important  Algerian 
political  affairs,  which  were  transacted  directly 
between  the  departe'me7its  and  the  deputies  and 
ministries  at  Paris. 

In  1896  this  whole  system  was  subjected  to  a 
critical  investigation  by  the  Chambers.  The  gov- 
ernor-general, M.  Cambon,  and  several  deputies 
attacked  the  regime  earnestly,  and  showed  its  utter 
inadequateness  to  the  difficult  situation  in  Algeria, 
especially  to  the  solution  of  the  native  question. 
As  a  result  there  has  been  a  gradual  departure 
from  the  time-honored  French  policy  of  assimila- 
tion. By  a  decree  of  December  31,  1896,  the  gov- 
ernor-general was  given  more  substantial  powers ; 
in  1897  the  Superior  Council  also  received  a  small 
accession  of  authority;  and  finally,  in  1901,  the 
great  change  was  accomplished  of  giving  Algeria 
a  separate  budget  and  thus  restoring  her  fiscal 
personality.  This  budget  is  prepared  by  the 
governor-general  with  the  assistance  of  the  Supe- 
rior  Council,   and  the  home   government   simply 

207 


COLONIAL   GOVERNMENT 

reserves  the  right  to  veto  its  provisions.  Thus 
the  Superior  Council  is  certain  to  become  a  body 
of  considerable  authority  and  influence  in  Algerian 
affairs ;  the  hope  is  entertained  that  it  will  inaugu- 
rate a  more  rational  and  liberal  policy  toward  the 
natives,  than  that  inspired  by  the  selfish  interests 
of  the  minority  intrenched  in  the  provincial  coun- 
cils-general. 

Resting  entirely  upon  the  French  electorate  in 
Algeria,  the  representation  in  the  Senate  and  the 
Chamber  of  Deputies  has  also  been  used  almost 
exclusively  for  the  purpose  of  advancing  the  special 
interests  of  the  French  colonists ;  it  has  been 
merely  the  mouthpiece  of  the  provincial  councils, 
and  has  supported  their  policy  of  assimilation, 
rattachements,  taxing  power  over  the  natives,  and 
exceptional  criminal  laws.  The  deputies  and  sen- 
ators have  also  acted  as  agents  through  whom  a 
steady  stream  of  French  officials — in  many  cases 
men  who  had  been  failures  at  home  —  have  found 
their  way  into  the  Algerian  administration.  It 
has  been  most  unfortunate  for  the  colony  that  it 
should  have  been  treated  as  if  it  were  a  part  of 
France  and  inhabited  by  Frenchmen,  with  as 
complete  as  possible  an  ignoring  of  the  rights  and 
interests  of  the  native  population.  Nine  senators 
and  deputies  can  exercise  a  great  pressure  upon  a 
French  ministry,  which  usually  has  no  solid  major- 
ities to  back  it ;  and  as  these  Algerian  representa- 
tives can  be  very  readily  reconciled  by  concessions 
to  the  French  element  in  Algeria,  without  embar- 

208 


REPRESENTATIVE   INSTITUTIONS 

rassing  consequences  in  France  itself,  or  the  as- 
sumption of  an  inconsistent  position  on  the  part 
of  the  ministry, — for  nothing  appeals  more  to  the 
ordinary  Frenchman  than  the  idea  of  assimilation 
in  the  colonies,  —  it  is  not  to  be  wondered  at  that 
the  home  government  has  always  viewed  Algerian 
affairs  through  the  eyes  of  the  Algerian  senators 
and  deputies. 

Although  the  government  of  Tunis  is  techni- 
cally a  continuation  *  of  the  native  institutions  of 
the  time  preceding  the  French  occupation,  and  as 
such  does  not  comprise  a  representative  council, 
there  have  been  established  a  number  of  consulta- 
tive bodies,  whose  advice  the  ministry  asks  in  cer- 
tain cases.  These  bodies,  however,  represent  the 
interests  of  only  the  French  community  in  Tunis, 
and  have  no  part  in  the  administration  of  native 
affairs.  The  most  important  among  them  is  the 
Confei-ence  consultative^  established  in  1890;  it  is 
composed  of  representatives  of  the  various  cham- 
bers of  commerce  and  of  agriculture,  of  seven 
members  elected  by  the  non-industrial  part  of  the 
French  population  (  Troisihne  college),  of  the  French 
vice-presidents  of  the  communes,  and  of  French 
heads  of  departments  in  the  Tunisian  administra- 
tion. The  conference  meets  twice  annually,  and 
must  be  consulted  before  any  tax  or  impost  which 
will  affect  the  French  colonists  is  decided  upon ; 
its  advice  may  also  be  asked  in  matters  affecting 
the  industrial,  commercial,  and  agricultural  interests 
of  the  settlers. 

p  209 


COLONIAL   GOVERNMENT 

In  addition  to  this  council,  the  following  bodies 
are  regularly  asked  to  contribute  their  advice  upon 
measures  concerning  their  particular  interests  :  the 
Chamber  of  Commerce  and  the  Chamber  of  Agri- 
culture of  Tunis,  the  mixed  chambers  of  com- 
merce and  of  agriculture  of  Susa  and  of  Sfax, 
and  the  Representation  du  troisihne  college  —  a 
body  representing  that  part  of  the  population  which 
is  not  included  in  the  electoral  lists  of  the  various 
chambers.  Membership  and  electoral  privileges 
in  these  various  bodies  are  fixed  and  defined  by 
law,  and  they  are  made  a  recognized  part  of  the 
administration,  although  they  have  only  consulta- 
tive authority. 

The  Troisihne  colUge  represents  a  tendency 
which,  if  successful,  would  assimilate  conditions  in 
Tunis  to  those  in  Algeria,  where  the  control  of  the 
government  is  wholly  in  the  hands  of  French  set- 
tlers. This  ''  third  college  "  represents,  not  interests, 
but  numbers,  and  for  this  reason  the  claim  is  made 
for  it  by  its  members  that  it  is  the  true  sovereign 
of  Tunis.  When  it  is  considered  that  the  actual 
voters  in  the  college  number  less  than  two  thou- 
sand, this  claim  to  rule  a  state  of  one  and  a  half 
million  people,  and  to  dispose  of  the  taxes  contrib- 
uted by  them,  seems  preposterous.  But  the  col- 
lege has  the  principles  of  the  droits  de  Vhomme  on 
its  side,  modified  of  course  to  embrace  only  des 
hommes  raisonnables,  i.e.  Frenchmen.  Should  this 
element,  in  which  "  carpet-baggers "  abound,  pre- 
vail in  this  matter,  France  would  probably  soon 

2IO 


REPRESENTATIVE   INSTITUTIONS 

cease  to  look  upon  Tunis  as  her  model  depend- 
ency. 

Of  late  the  current  of  French  opinion  has 
turned  very  strongly  against  a  further  extension 
of  the  principle  of  popular  elections  as  applied 
to  colonies;  and  there  are  many  indications  of  a 
changed  attitude  of  the  public  mind  on  the 
broader  principles  of  colonial  politics.  Formerly 
the  ideal  of  assimilation  was  proclaimed  as  the 
national  policy  almost  without  a  dissenting  voice. 
In  the  Expos^  des  motifs  du  smattis-considte  de  i8s4i 
we  find  this  statement,  "  L'assimilation  progress- 
ive des  colonies  a  la  mere-patrie  est  dans  la  nature 
des  choses,  dans  le  voeu  legitime  des  populations, 
et  peut-etre  aussi  dans  les  devoirs  du  gouverne- 
ment  metropolitain."  ^  The  commission  of  forty- 
five  members  nominated  by  the  National  Assembly 
at  Bordeaux  in  1871  voted,  **  Prenons  pour  devise: 
Assimilation  politique  des  colonies  ci  la  m^re- 
patrie."^  During  the  two  decades  that  followed, 
all  the  important  organic  laws  of  France  were 
applied  also  to  the  colonies.  The  colonial  commis- 
sion appointed  by  Admiral  Pothuau  in  1878,  and 
that  named  by  Minister  Duclerc  in  1882,  both  pro- 
nounced in  favor  of  assimilation,  as  did  also  the 

1 "  The  progressive  assimilation  of  the  colonies  to  the  mother 
country  rests  on  the  nature  of  things,  on  the  legitimate  desire  of  the 
populations,  and  perhaps,  also,  on  the  duties  of  the  metropolitan 
government." 

2  March  28,  187 1.  Cited  in  Scholcher,  Polemique  Coloniale^ 
I.  16.  "Let  us  take  for  our  motto:  Political  assimilation  of  the 
colonies  to  the  mother  country." 

211 


COLONIAL   GOVERNMENT 

Colonial  Congresses  of  1889  and  1890.  But  within 
the  last  decade  a  new  tendency  has  made  itself 
felt.  As  early  as  1888,  Minister  Dislere's  scheme 
for  further  assimilation  of  the  old  colonies  by  erect- 
ing them  into  departments  was  defeated  in  the 
parliament.  The  troubles  in  the  Antilles,  as  well 
as  the  disappointment  which  the  French  attempts 
at  legal  assimilation  suffered  in  Anam,  have  led 
many  politicians  to  question  the  wisdom  of  the 
traditional  policy.  Moreover,  the  experience  of 
the  French  with  Tunis,  where  they  have  used  the 
system  of  a  protectorate  without  assimilation,  has 
been  so  much  more  satisfactory  than  in  Algeria  or 
Indo-China,  that  the  lesson  has  impressed  itself 
strongly  upon  the  minds  of  statesmen  and  publi- 
cists. In  1898  M.  D'Estournelles  de  Constant 
introduced  a  bill  for  the  suppression  of  the  parlia- 
mentary representation  of  Senegal,  French  India, 
and  Cochin  China.  He  believes  that  the  system  is 
so  firmly  fixed  in  the  Antilles  that,  for  sentimental 
reasons,  it  may  be  allowed  to  continue  there,  but 
he  strenuously  opposes  the  extension  of  the  prin- 
ciple to  the  other  colonies.^  M.  Doumer,  gov- 
ernor-general of  Indo-China,  in  his  report  to  the 
Minister  of  Colonies  in  1900,  discourages  the  idea 
of  legislative  and  social  assimilation.^  M.  Paul 
Leroy-Beaulieu,  too,  believes  in  administrative  and 
financial  decentralization,  and  considers  self-govern- 

^  D'Estournelles  de  Constant,  Centre  la  Representation  Coloniale^ 
in  La  Revue  de  Paris,  January  i,  1899. 

2  Cited  in  U.  S.  Consular  Reports,  December,  1900,  p.  496. 
212 


REPRESENTATIVE   INSTITUTIONS 

ment  and  universal  suffrage  in  the  colonies  an 
"absurd  institution."  ^ 

It  is  more  and  more  coming  to  be  believed  that 
for  tropical  colonies  an  experienced  administration 
is  the  main  desideratum,  and  that  the  introduction 
of  European  representative  institutions,  with  the 
unrest  of  party  politics,  is  harmful  to  the  welfare 
and  natural  development  of  native  societies  in  the 
colonies.  In  the  councils  which  have  more  re- 
cently been  established  in  French  dependencies, 
for  instance,  in  Tunis,  Madagascar,  and  Indo- 
China,  the  principle  of  representation  of  interests 
rather  than  representation  of  numbers  has,  there- 
fore, been  applied. 

In  reviewing  English  experience  with  colonial 
government,  we  encounter  a  very  striking  example 
of  the  working  of  representative  institutions,  when 
combined  with  an  executive  responsible  only  to  the 
home  authorities,  in  the  history  of  Canada  between 
the  years  1791  and  1841.  In  the  former  year  two 
provincial  governments,  that  of  Lower  Canada, 
or  Quebec,  and  that  of  Upper  Canada,  were  estab- 
lished. The  Province  of  Quebec  was  occupied 
almost  .  ntirely  by  the  descendants  of  French 
colonisto,  while  EngHsh  settlers  held  Upper  Can- 
ada, or  Ontario.  In  both  of  these  colonies  there 
was  created  an  elective  legislative  assembly,  but 
the  executive  officers  were  appointed  by  the  gov- 
ernor and  were  responsible  only  to  him. 

In    Quebec,    where   the   assembly   represented 

^  L^Economiste  fran^ais,  January  27,  1900. 
213 


COLONIAL   GOVERNMENT" 

the  French  population,  while  the  governors  repre- 
sented the  English  minority  and  the  British  gov- 
ernment, friction  was  inevitable,  and  it  soon  became 
incessant.  Lord  Durham,  in  his  celebrated  report 
on  Canada,  gives  an  account  of  the  continued 
struggles  between  the  two  races.  "  Thus  two 
peoples,  of  different  origin  and  hostile  characters, 
were  brought  into  juxtaposition  under  common 
government  but  under  different  institutions."  The 
commercial  and  industrial  success  of  the  British 
minority  soon  became  galling  to  their  French 
fellow-citizens,  who  saw  in  it  the  danger  of  being 
superseded  in  the  management  of  the  economic 
resources  within  the  colony.  Much  of  the  legis- 
lation that  was  attempted  by  the  assembly  was 
therefore  reactionary  and  opposed  to  the  develop- 
ment of  industrial  interests.  "Thus  it  came  to 
pass  that  the  Enghsh  inhabitants  came  to  regard 
the  policy  of  the  assembly  as  a  plan  for  prevent- 
ing further  immigration  to  the  province,  of  stopping 
th&  growth  of  English  wealth,  and  of  rendering 
precarious  the  English  property  already  invested 
or  acquired  in  Lower  Canada."  At  first  the  as- 
sembly had  but  Httle  power,  as  the  government 
derived  its  income  from  sources  other  than  direct 
taxation.  But  when,  in  course  of  time,  the  admin- 
istration was  forced  to  appeal  to  the  assembly  for 
appropriations,  the  latter  began  to  feel  its  power 
and  to  resent  the  pursuance  by  the  government  of 
an  "  EngHsh "  policy.  The  friction  between  the 
legislature  and  governor   became  thus  more  and 

214 


REPRESENTATIVE   INSTITUTIONS 

more  acute,  and  the  assembly  spent  its  energies 
in  constantly  warring  with  the  executive  for  the 
purpose  of  obtaining  the  powers  inherent  in  a 
representative  body  by  the  very  nature  of  repre- 
sentative government.  The  French  majority  was 
finally  wearied  by  its  unsuccessful  efforts  to  make 
its  influence  felt,  and  the  result  was  an  appeal  to 
force,  the  Rebellion  of  1837,  which  was,  however, 
soon  repressed  by  the  British  government. 

In  Upper  Canada,  although  no  such  racial  antip- 
athies existed  there,  the  inherent  incompatibility 
of  a  representative  assembly  with  an  irresponsible 
executive  led  to  similar  difficulties  between  these 
two  departments.  A  ring  of  influential  politicians, 
designated  as  the  "  Family  Compact,"  had  obtained 
control  of  the  executive  council,  and  for  a  long 
time  successfully  opposed  and  blocked  the  policy 
of  the  majority  in  the  legislative  assembly.  In 
this  case,  too,  an  armed  revolt  was  the  outcome  of 
the  political  friction  thus  engendered. 

When,  in  1838,  Lord  Durham  came  to  Canada  to 
investigate  the  situation,  it  fell  to  his  duty  to  make 
suggestions  with  respect  to  a  reform  of  the  govern- 
ment in  both  colonies.  In  his  report  he  proposed 
the  union  of  the  two  provinces  under  one  govern- 
ment, and  the  institution  of  a  responsible  executive. 
The  first  part  of  his  recommendation  was  carried 
into  effect  in  1841,  but  it  was  several  years  before, 
under  the  tactful  regime  of  Lord  Elgin,  the  prin- 
ciple of  a  responsible  ministry  was  completely 
brought  into  operation. 

215 


COLONIAL   GOVERNMENT 

While  the  difficulties  were  not  so  acute  in  the 
other  British  colonies  that  have  now  become  self- 
governing,  similar  conditions  existed  in  all  of  them, 
and  the  permanent  maintenance  of  a  representa- 
tive legislature  side  by  side  with  an  irresponsible 
executive  would  have  been  impossible.  The  inde- 
pendence of  the  executive  gave  the  assemblies 
themselves  the  feehng  of  irresponsibility.  Thus, 
in  Natal,  it  was  in  former  times  quite  common  for 
the  elective  members  of  the  legislature  to  make 
entirely  impracticable  and  dangerous  suggestions 
to  the  executive  concerning  the  administration  of 
native  affairs.  Now  that  the  legislature  and  the 
executive  have  a  mutual  responsibility,  the  former 
has  become  much  more  inclined  to  treat  the  natives 
with  justice  and  to  maintain  friendly  relations  with 
them ;  the  policy  of  restoring  certain  native  rulers 
to  power,  which  formerly  would  have  been  bitterly 
opposed,  is  at  present  favored  by  the  legislature 
itself. 

It  is  of  much  importance  in  this  connection  to 
consider  carefully  the  recent  experience  of  Great 
Britain  with  the  island  of  Jamaica.  Although  the 
English  have  tried  representative  institutions  in 
the  tropical  colonies,  they  have  never  adopted 
manhood  suffrage  there.  The  measures  by  which, 
under  Lord  Derby's  administration  of  the  Colonial 
Office,  representative  institutions  were  restored  to 
Jamaica,  and  introduced  into  Mauritius,  restricted 
the  electorate  by  a  high  property  qualification.  In 
Jamaica,    Lord    Derby   accorded    to   the   elective 

216 


REPRESENTATIVE   INSTITUTIONS 

members  of  the  colonial  council  the  control  over 
the  finances  of  the  island.  We  cannot  here  trace 
the  history  of  the  last  twenty  years,  but  the  most 
recent  developments  are  of  special  interest.  On 
account  of  financial  difficulties  into  which  the  col- 
ony had  fallen,  a  royal  commission  was  appointed 
to  investigate  the  situation  and  make  suggestions. 
The  outcome  was  the  report  by  Sir  David  Bar- 
bour^ in  which  he  criticises  the  Jamaican  financial 
management  and  especially  the  habit  of  borrowing 
for  the  construction  of  public  works  not  directly 
productive.  He  also  records  '*  a  serious  defect  in 
system  in  so  far  as  regards  the  relations  between 
the  Colonial  Office,  the  governor  of  the  colony, 
and  the  elected  members,"  which  he  considers 
'inseparable  from  any  attempt  to  combine  in  a 
working  compromise  the  conflicting  systems  of 
crown  government  and  representative  govern- 
ment." He  believes  that  the  constitution  of 
Jamaica  has  aggravated  the  present  financial 
difficulties,  that  it  leads  to  much  friction  and  loss 
of  time,  and  produces  no  satisfactory  results.  The 
colonial  legislature  is  also  criticised  for  refusing  to 
vote  the  salary  of  a  necessary  official,  and  because 
the  unofficial  members  pressed  for  an  increase  in  the 
educational  credit.  In  his  letter  of  instruction  ^  to 
the  governor,  Mr.  Chamberlain  takes  up  these  objec- 
tions and  enforces  them  from  his  own  experience, 

1  Parliamentary  Blue  Books,  C.  —  9412,  July,  1899. 
^  August  22,  1899,  Parliamentary  Blue  Books,  Cd.  125,  April, 
1900,  p.  6. 

217 


COLONIAL   GOVERNMENT 

as  when  he  says  that  he  favors  retrenchment  in 
the  expenditure  for  education,  which  has  not,  he 
thinks,  produced  results  commensurate  with  the 
outlay.  He  then  instructs  the  governor  to  appoint 
the  full  number  of  official  members,  and  to  retain 
them  so  as  to  place  the  elected  members  in  a  per- 
manent minority  in  the  council.  He  bases  his 
action  on  the  principle  that  **  where  financial  as- 
sistance is  given  a  colony  by  the  imperial  gov- 
ernment, the  latter  must  have  control  over  the 
finances."  Many  among  the  Jamaicans  vehe- 
mently protest  against  this  suppression  of  the 
powers  of  their  representatives.  The  mayor  and 
council  of  Kingston,  in  a  petition  to  the  Queen, 
submitted  that  "  to  reduce  the  educational  vote 
will  work  a  vast  amount  of  harm  for  which  no 
prosperity  in  other  directions  can  compensate."  ^ 
But  as  financial  and  industrial  relations  are  upper- 
most in  the  mind  of  the  Secretary  for  the  Colonies, 
it  is  very  unlikely  that  he  will  modify  his  decision. 
He  has  thereby  clearly  entered  upon  the  policy  of 
doing  away  with  representative  institutions  in  the 
tropics.  And,  in  general,  English  statesmen  have 
at  present  little  but  criticism  for  the  policy  of  Lord 
Derby,  whose  Liberalism  they  consider  decidedly 
unpractical.^ 

The  result  of  the  experience  which  we  have  been 

1  Parliamentary  Blue  Books,  1900,  Cd.  125,  p.  32. 

2  The  remaining  part  of  this  chapter  is  taken,  with  the  consent  of 
the  editor,  from  the  writer's  article  on  "  Representation  and  Colonial 
Government,"  in  The  Forum  for  June,  1902. 

218 


REPRESENTATIVE   INSTITUTIONS 

reviewing  points  to  the  conclusion  that  it  is  a  diffi- 
cult matter  to  adapt  representative  institutions  to 
colonies  in  which  the  white  element  is  small,  or 
to  which  the  mother  country  is  not  ready  to 
grant  practical  autonomy  with  all  that  this  implies. 
As  Sir  George  Cornewall  Lewis  says :  "  If  a  domi- 
nant country  grants  to  a  dependency  popular  in- 
stitutions and  professes  to  allow  it  to  exercise 
self-government,  without  being  prepared  to  treat 
it  as  virtually  independent,  the  dominant  country 
by  such  conduct  mocks  its  dependency  with  the 
semblance  of  political  institutions  without  the 
reality.  It  is  no  genuine  concession  to  grant  a 
dependency  the  names  and  forms  and  machinery 
of  popular  institutions,  unless  the  dominant  coun- 
try will  permit  these  institutions  to  bear  the 
meaning  which  they  possess  in  an  independent 
community ;  nor  do  such  apparent  concessions 
produce  any  benefit  to  the  dependency,  but,  on  the 
contrary,  they  sow  the  seeds  of  political  dissen- 
sions."^ 

In  discussing  the  political  conditions  existing  in 
tropical  colonies,  we  have  to  consider  three  ele- 
ments :  the  government,  the  white  settlers,  and 
the  native  population.  Where  the  administration 
of  the  colony  is  responsible  only  to  the  home  gov- 
ernment and  is  not  fettered  by  the  exigencies  of 
local  politics,  it  may  act  on  its  own  resources  as  an 
impartial  arbiter  between  the  various  classes  of 
the  population.     It  will  listen  to  their  suggestions 

1  Government  of  Dependencies,  307  (ed.  1891). 
219 


COLONIAL   GOVERNMENT 

and  complaints,  and  take  the  advice  of  representa- 
tive men  from  the  various  interests  and  classes. 
In  this  manner  the  natives  may  be  successfully 
protected  against  the  exploiting  ventures  of  the 
colonists  from  abroad,  while  the  latter,  in  turn, 
are  given  every  reasonable  safeguard  and  encour- 
agement in  their  commercial  and  industrial  under- 
takings. 

When,  however,  an  elective  legislature  is  estab- 
lished in  such  a  colony,  it  will  represent  either  the 
white  minority  or  the  native  masses.  If  the  prop- 
erty qualification  is  high,  the  natives  will  be  almost 
entirely  unrepresented,  and  experience  has  shown 
that  their  interests  cannot  safely  be  intrusted  to 
a  legislature  elected  by  the  European  minority. 
In  cases,  on  the  other  hand,  where  the  electorate 
is  based  upon  a  low  qualification,  or  upon  man- 
hood suffrage,  —  a  system  which  has  been  tried 
only  in  the  smaller  French  colonies,  —  the  indus- 
trial and  commercial  development  of  the 'colony 
is  endangered  by  unfavorable  legislative  activity. 
Thus,  a  council  representing  the  minority  in  a 
tropical  colony  will  vote  for  the  introduction  of 
coolie  labor,  and  will  pass  strict  regulations  by 
which  the  natives  can  be  compelled  to  engage  in 
continuous  labor ;  it  will  be  favorable  to  a  regime 
of  large  estates  and  extensive  concessions,  and  will 
discourage  the  increase  of  small  land  holdings, 
which  tend  to  make  the  laborers  too  independent ; 
it  will  prefer  to  lay  taxes  on  the  necessities  of  the 
people  rather  than  on  land,  business,  and  industry. 

220 


REPRESENTATIVE   INSTITUTIONS 

A  popularly  elected  legislature,  on  the  other  hand, 
will  favor  the  parcelling  of  large  estates,  the  taxa- 
tion of  production,  short  hours  of  work,  and  arbi- 
tration in  labor  disputes ;  and  it  will  spend  money 
lavishly  on  salaries  and  education,  which  the  other 
element  would  prefer  to  put  into  internal  improve- 
ments of  an  industrial  nature. 

But  in  order  to  get  a  clearer  view  of  the  merits 
of  the  question,  we  shall  have  to  go  a  little  more 
into  detail.  We  may  state,  as  an  axiomatic  prem- 
ise, that  in  settlement  colonies  institutions  similar  to 
those  of  the  mother  country,  especially  in  the  mat- 
ter of  representation,  are  not  only  appropriate,  but 
will  be  imperatively  demanded  by  the  settlers.  In 
mixed  colonies,  where  a  considerable  settlement  of 
Europeans  exists  side  by  side  with  a  large  native 
population,  the  tendency  will  be  for  the  Europeans 
to  exclude  the  natives  from  a  participation  in  rep- 
resentative institutions,  and  to  demand  complete 
authority  over  the  whole  population.  This  is  the 
case  in  Algeria,  and  also  to  a  certain  extent  in 
Natal,  where  an  act  passed  in  1896  disqualifies  for 
the  franchise  all  persons,  not  of  European  origin, 
who  are  natives,  or  descendants  in  the  male  line  of 
natives,  of  countries  which  have  hitherto  not  pos- 
sessed representative  institutions.  In  colonies  of 
this  class,  the  problem  of  the  relations  of  Euro- 
peans and  natives  is  most  difficult  of  solution,  and 
most  apt  to  produce  bitter  animosities.  We  have 
already  seen,  in  the  case  of  Algeria,  how  the  very 
policy  of  extending  free  institutions  may  be  made 

221 


COLONIAL   GOVERNMENT 

an  additional  means  for  reducing  the  natives  to 
dependence. 

When  we  consider  pure  exploitation  colonies  in 
the  tropics,  it  is  difficult  at  first  sight  to  understand 
why  there  should  be  in  their  case  any  thought  of 
the  introduction  of  representative  institutions;  it 
is  only  by  a  feat  of  political  abstraction  from  all 
reality  that  one  could  think  of  applying  in  these 
regions  a  regime  which  developed,  and  now  has  its 
being,  under  conditions  so  utterly  different.  There 
are  several  reasons,  however,  why  in  these  colonies 
elective  councils  are  demanded.  In  the  first  place, 
the  white  colonists  are  usually  dissatisfied  to  be 
under  a  regime  which  allows  them  no  voice  in  the 
government,  especially  when  they  are  asked  to 
shoulder  a  burden  of  taxation.  Thus,  the  business 
men  of  Hongkong  have  repeatedly  made  strenu- 
ous objection  to  the  system  of  crown  administra- 
tion, and  have  asked  for  more  representation  on 
the  council ;  the  whites  of  Jamaica  feel  the  virtual 
suppression  of  representative  government  in  their 
island  very  keenly ;  and  a  resident  of  Trinidad 
speaks  of  the  "  excruciating  pangs  of  the  heartless 
system  of  crown  colony,"  and  reminds  us  that 
"  to-day  taxation  without  representation  is  a  gross 
crime." 

Moreover,  the  population  belonging  to  other 
than  European  races  will  also  often  demand  repre- 
sentation. This  is  the  case  especially  in  such 
colonies  as  are  peopled  by  a  race  that  has  lost  its 
original  native   institutions,  either  because,  as  in 


REPRESENTATIVE   INSTITUTIONS 

Jamaica,  it  is  composed  of  descendants  of  slaves 
who  were  brought  hither  from  all  parts  of  Africa, 
or,  as  in  the  Philippine  Islands,  because  the 
former  civilization,  with  its  social  and  political  in- 
stitutions, has  been  destroyed  by  the  persistent  at- 
tempt on  the  part  of  the  government  to  assimilate 
the  native  population  to  European  standards.  Hav- 
ing no  native  institutions  to  uphold,  such  popula- 
tions naturally  demand  those  which  to  the  European 
constitute  a  birthright  and  a  fundamental  require- 
ment of  political  life. 

Finally,  though  the  native  populations  which 
have  retained  their  own  civilization  and  social 
regime  do  not  of  their  own  accord  desire  privileges 
of  suffrage  and  representation  on  the  European 
model,  yet  these  institutions  are  demanded  for 
them,  either  by  a  mistaken  philanthropy,  or  by 
such  among  the  natives  as  have  given  up  their 
native  ideas  to  take  on  a  varnish  of  western  learn- 
ing and  civilization.  The  Egyptian  popular  assem- 
bly and  the  native  representation  on  municipal 
councils  in  India  were  pressed  upon  societies 
which  did  not  spontaneously  demand  these  institu- 
tions. It  is  true  the  National  Congress  of  India 
has  always  advocated  the  policy  of  representative 
government;  but  this  convention,  which  meets 
annually  to  discuss  Indian  affairs  and  to  draw  up 
suggestions  to  the  government,  is  composed  very 
largely  of  Europeanized  babus,  and  is  not  truly 
representative  of  Indian  society.  The  Mohamme- 
dans withdrew  from  the  congress  when  the  policy 

223 


COLONIAL   GOVERNMENT 

of  representative  institutions  was  made  part  of  its 
programme ;  and  at  a  meeting  held  at  Lucknow  in 
1 90 1,  Mohammedan  leaders  passed  a  resolution  to 
form  a  new  organization,  and  to  "  hold  aloof  from 
that  body  of  persons,  natives  from  every  part  of 
India,  which  has  been  known  for  many  years  past 
as  the  National  Congress."  Conditions  in  India 
are  especially  unfavorable  for  the  introduction  of 
representative  institutions,  on  account  of  the  fact 
that,  in  addition  to  the  natural  disinclination  of  the 
great  body  of  native  society  to  use  such  a  system, 
there  exist  strong  actual  and  potential  animosities 
of  race,  caste,  and  religion  which  would  immedi- 
ately be  fanned  into  a  destructive  flame  were  party 
politics  to  be  introduced.  As  a  matter  of  fact, 
French  critics  already  tax  the  British  with  the 
desire  to  sow  dragons'  teeth,  and  by  introducing 
such  institutions  as  representation,  the  press,  and 
the  jury,  in  a  most  MachiavelHan  way  to  pit  the 
great  Indian  factions  against  each  other,  in  order 
to  benefit  by  the  policy  of  '^divide  et  impera!' 

It  is  at  times  most  distressing  to  any  one  who 
feels  a  strong  sympathy  with  the  natives  and  a 
degree  of  admiration  for  their  social  life,  in  a  dis- 
cussion of  this  matter  to  seem  to  hold  an  opinion 
adverse  to  the  desire  for  progress  and  for  political 
rights  among  the  natives  of  such  regions  as  India 
and  Africa.  But  it  is  impossible  to  avoid  the  con- 
clusion that  what  to  some  societies  is  the  breath  of 
life  becomes  to  others  a  deadly  poison ;  and  that 
a   society   in   which    the   individual   has    not    yet 

224 


REPRESENTATIVE   INSTITUTIONS 

developed  and  left  the  bonds  of  clan,  caste,  or 
family,  would  have  its  morale  utterly  destroyed  and 
be  reduced  to  calamitous  confusion  by  the  intro- 
duction of  western  individualistic  institutions.  But 
not  only  would  the  premature  introduction  of  such 
a  system  injure  social  life  and  even  destroy  its 
foundations ;  it  would,  moreover,  lead  to  manifold 
abuses,  manipulations,  and  suppressions  of  truth 
and  right  in  its  application.  For  wherever  institu- 
tions are  given  to  a  population  which  is  not  by  his- 
toric evolution  prepared  to  receive  them,  they  cannot 
be  used  properly,  but  will  enable  jobbers  and  shift- 
ers to  ply  their  arts  to  the  detriment  of  the  com- 
monwealth. And  so,  either  the  unscrupulous  will 
be  given  an  opportunity,  or  the  charter  of  free  in- 
stitutions must  be  rendered  a  dead  letter  by  ignoring 
the  voice  of  the  representative  councils,  —  which 
is  no  less  demoralizing. 

The  elective  and  representative  principle  may 
with  greater  safety  be  applied  to  small  areas,  such 
as  municipalities  or  rural  communes.^  And  as  a 
matter  of  fact,  since  we  know  that  the  political 
evolution  of  western  society  has  proceeded  from 
a  clan  and  caste  society  to  national  life  through 
the  city-state  of  classic  Greece  and  Rome  and  of 
the  Middle  Ages,  we  may  say  that  before  free  com- 
munal government  has  first  been  completely  and 
successfully  established  among  the  races  of  low 
economic  and  political  organization,  the  attempt 
to  construct  a  national  system  of  representative 

1  See  Chapter  XVII. 
Q  225 


COLONIAL   GOVERNMENT 

government  for  them  upon  the  principles  of  man- 
hood suffrage  must  be  considered  an  undertaking 
akin  to  folly. 

The  possibility  of  solving  the  difficulty  by  the 
use  of  a  modified  system  of  representation  is  sug- 
gested by  some  recent  experiments  of  basing  the 
representation,  not  upon  numerical  aggregates,  but 
upon  certain  organized  interests  or  social  groups. 
The  method  employed  is  either  to  appoint  to  the 
governor's  council  representative  men  from  the 
various  interests,  or  to  allow  certain  groups, 
associations,  or  bodies  to  elect  their  representative. 
Of  course,  a  true  and  full  development  of  the 
system  would  involve  such  election  as  well  as  the 
principle  that  the  councils  thus  elected  should  have 
legislative  power,  and  should  not  be  merely  advisory, 
as  they  now  are.  The  system,  as  has  already  been 
shown,  is  in  use  in  India,  Hongkong,  the  Straits 
Settlements,  Tunis,  and  Kiao-chau  ;  but  in  all  these 
cases  the  official  element  is  still  very  strong  in  the 
councils.  How  the  system  would  work  if  fully 
developed  must  at  present  be  matter  of  conjecture, 
but  it  certainly  seems  worthy  of  a  more  extended 
trial. 

The  full  bearing  of  this  distinction  between 
representation  of  interests  and  representation  of 
numbers  reaches  much  deeper  and  farther  than 
colonial  politics.  Throughout  the  world  there  has 
arisen  some  questioning  as  to  whether  the  inorganic 
method  of  numerical  representation  which  we  have 
inherited  from  the  individualistic  rationalism  of  a 

226 


REPRESENTATIVE    INSTITUTIONS 

hundred  years  ago  is  really  a  safe  and  efficient 
institution.  Into  the  merits  of  this  great  question 
we  cannot  here  enter,  but  it  stands  to  reason  that, 
in  a  society  where  the  individual  has  not  yet  de- 
veloped into  independence,  but  is  still  bound  up 
in  various  subsidiary  social  organizations,  represen- 
tation could  effectually  rest  only  on  these  latter,  or 
at  least  only  upon  groups,  membership  in  which  is 
a  more  real  matter  to  the  native  than  participation 
in  the  ideal  unity  of  national  Hfe.  Thus  the  Cey- 
lonese  representation  is  based  upon  races,  that 
in  India  upon  municipal  bodies  and  commercial 
interests,  that  in  Tunis,  where  in  fact  there  is  no 
French  state,  but  only  French  interests,  upon  the 
latter. 

Whether  this  basis  could  be  utilized  not  only  for 
an  advisory  body,  but  for  a  virtually  sovereign 
legislature,  the  future  alone  can  show;  but  there 
is  an  inchnation  to  recognize  the  complexity 
of  social  facts  by  a  greater  complexity  of  polit- 
ical institutions.  The  councils  of  the  Indian 
governors  could  certainly  by  gradual  evolution 
acquire  more  and  more  original  power  and  author- 
ity. Their  constitution,  indeed,  does  not  at  present 
mirror  the  full  complexity  of  Indian  society,  and  it 
would  be  a  most  difficult  matter  to  construct  a 
system  which  would  give  to  each  interest  its  proper 
weight.  But  it  is  not  needful  to  construct;  to  assist 
and  foster  gradual  development  is  the  function 
of  the  colonial  as  well  as  the  national  statesman. 
There  is  no  doubt  that  the  system,  in  so  far  as  it 

227 


COLONIAL   GOVERNMENT 

has  been  applied,  has  been  successful,  and  has  con- 
stituted a  valuable  element  among  colonial  insti- 
tutions. Through  it  the  government  has  been 
enabled,  without  embarrassing  the  course  of  public 
administration,  to  get  at  the  opinions  and  feelings 
of  the  various  classes  of  the  population,  and  to 
formulate  a  policy  based  upon  the  adjustment  and 
furtherance  of  actual  interests,  rather  than  upon  a 
mere  theory  of  general  welfare. 

Among  the  alternatives  to  the  use  of  representa- 
tion and  election,  the  crown  colony  system  natu- 
rally first  suggests  itself.  In  its  ideal  form  there 
is  much  to  recommend  it.  A  governor,  powerful 
and  well  enough  paid  to  be  independent  of  any 
faction,  assisted  by  a  council  of  representative 
men,  — officials  and  others,  —  administers  the  affairs 
of  the  colony  in  a  straightforward,  businesslike 
manner,  and  holds  the  balance  between  conflicting 
interests  and  hostile  races.  But  the  trouble  is  that 
the  system  rarely  exists  in  this  ideal  form,  and 
that  in  practice  the  crown  colony  is  disliked,  not 
only  by  the  European  colonists  and  traders,  but 
also  by  the  natives  themselves;  and,  moreover, 
that,  on  account  of  its  expensiveness  and  various 
general  defects,  it  is  not  satisfactory  to  the  govern- 
ment and  the  people  of  the  mother  country.  The 
objections  of  the  European  colonists  and  traders 
to  the  crown  colony  have  already  been  indicated. 
It  is  true  that,  when  the  colonists  have  to  choose 
between  it  and  the  system  of  universal  suffrage 
which  would  put  power  in  the  hands  of  the  natives, 

228 


REPRESENTATIVE   INSTITUTIONS 

they  prefer  the  crown  colony,  not  as  a  desid- 
eratum, but  merely  as  an  escape  from  a  worse 
evil.  The  natives  are  dissatisfied  with  the  system, 
either  because  it  denies  them  cooperation  in  gov- 
ernment, or  for  the  more  important  reason  that 
it  often  interferes  in  an  unwarranted  manner  with 
their  local  customs  and  institutions. 

This  latter  may  be  set  down  as  one  of  the  most 
serious  faihngs  of  the  system.  The  administration 
of  a  crown  colony  is  prone  to  trust  too  much  to 
the  power  of  ordinances  and  regulations,  and  to 
give  too  little  heed  to  the  deeply  ingrained  cus- 
toms and  characteristics  of  native  populations.  It 
is  apt  to  forget  that  the  blessings  of  civilization 
cannot  be  bestowed  by  enactment,  but  that  the 
efforts  of  a  government  to  this  end  must  be  con- 
fined to  affording  an  opportunity  and  an  example. 
Moreover,  the  crown  colony  system  is  an  expen- 
sive one,  its  methods  are  intricate,  and  it  requires 
many  officials  and  clerks.  It  also  forces  the 
mother  country  to  assume  direct  responsibility  for 
the  financial  condition  of  a  dependency ;  for  a  col- 
ony, like  an  individual,  can  be  held  responsible  only 
when  it  is  a  free  agent.  Conversely,  when  a  col- 
ony cannot  maintain  its  financial  independence,  it 
also  forfeits  its  political  rights,  as  in  the  case  of 
some  of  the  British  West  Indies  which  have  recently 
lost  or  given  up  their  elective  institutions. 

The  direct  government  of  an  alien  race,  spread 
over  a  wide  territory,  is  a  matter  beset  with  such 
difficulties  that  even  the  strongest  and  richest  may 

229 


COLONIAL   GOVERNMENT 

well  hesitate  to  undertake  it.  If  the  regulations 
of  government  are  to  be  enforced  by  European 
officials,  the  cost  of  the  system  will  be  enormous ; 
if  left  to  native  magistrates  and  police,  the  extor- 
tion and  cruelty  will  become  unendurable,  for, 
though  native  law  may  be  well  administered 
through  natives,  it  is  a  far  different  matter  to  use 
them  for  the  purpose  of  enforcing  European  regu- 
lations. The  best  among  their  leaders  will  hold 
aloof ;  and  often  only  the  riffraff  will  enter  the 
European  service,  as  is  shown  in  the  case  of  the 
official  interpreters  of  Cochin  China  and  the  native 
police  of  Africa. 

A  most  distressing  instance  of  misjudging  and 
mismanaging  native  affairs  under  crown  adminis- 
tration is  found  in  the  hut  tax  levy  in  Sierra  Le- 
one.^ In  1896  an  ordinance  was  passed  by  the 
governor  and  council  of  Sierra  Leone  for  the  gov- 
ernment of  the  hinterland.  The  part  of  this  order 
which  related  to  the  occupation  of  waste  lands 
was  very  objectionable  to  the  natives,  whom  it  led 
to  fear  for  their  land  holdings.  The  order  was 
repealed,  but  the  repeal  did  not  become  known 
before  it  had  been  announced  that  there  was  to  be 
levied  a  hut  tax  of  five  shillings.  The  natives  were 
totally  unaccustomed  to  such  a  levy,  and  it  seemed 
to  them  a  further  step  toward  confiscation.  The 
attempt  to  collect  the  tax,  combined  with  outrages 
on  the  part  of  the  native  police,  composed  largely 

1  See  Parliajjientary  Papers  (Blue  Books),  1899,  Vol.  60,  for 
Sir  David  Clialmers'  report  on  this  matter. 

230 


REPRESENTATIVE   INSTITUTIONS 

of  former  criminals  and  outcasts,  who  took  this 
opportunity  to  avenge  themselves  upon  their  ene- 
mies, drove  the  natives  to  rebellion.  Upon  exam- 
ining the  situation,  after  order  had  been  restored 
by  force,  the  British  commissioner  advised  the 
removal  of  the  tax ;  but  the  government,  influ- 
enced by  the  expensiveness  of  the  colonial  admin- 
istration in  West  Africa,  decided  to  retain  it.  The 
precedents  from  South  Africa,  where  in  Basuto- 
land  a  hut  tax  of  ten  shillings,  and  in  Zululand 
one  of  fourteen,  are  levied,  ought  not  to  be  applied 
to  West  Africa,  where  conditions  are  totally  differ- 
ent, as  the  latter  country  is  not  adapted  to  settle- 
ment by  Europeans,  and  the  natives  must  always 
remain  the  principal  element  in  the  population. 
Nevertheless,  Mr.  Chamberlain  and  the  Colonial 
Office  have  attempted  to  solve  the  difficulties  in 
West  Africa  by  the  methods  adopted  by  Cecil 
Rhodes  in  his  "  sphere." 

Sir  George  Goldie,  perhaps  the  greatest  adminis- 
trator of  our  day  in  Africa,  has  given  his  opinion 
on  the  crown  colony  system  as  applied  to  that 
continent.  "  It  is  certain,"  he  says,  "that  even  an 
imperfect  and  tyrannical  native  African  adminis- 
tration, if  its  extreme  excesses  were  controlled  by 
European  supervision,  would  be  in  the  early  stages 
productive  of  far  less  discomfort  to  its  subjects 
than  well-intentioned  but  ill-directed  efforts  of  Eu- 
ropean magistrates,  often  young  and  headstrong, 
and  not  invariably  gifted  with  sympathy  and  intro- 
spective powers.    If  the  welfare  of  the  native  races 

231 


COLONIAL   GOVERNMENT 

is  to  be  considered,  if  dangerous  revolts  are  to  be 
obviated,  the  general  policy  of  ruling  on  African 
principles  through  native  rulers  must  be  followed 
for  the  present.  Yet  it  is  desirable  that  considera- 
ble districts  in  suitable  localities  should  be  admin- 
istered on  European  principles  and  by  European 
officials,  partly  to  serve  as  types  to  which  the 
native  governments  may  gradually  approximate, 
but  principally  as  cities  of  refuge  in  which  indi- 
viduals of  more  advanced  views  may  find  a  living 
if  native  government  presses  unduly  upon  them, 
just  as,  in  Europe  of  the  Middle  Ages,  men  whose 
love  of  freedom  found  the  iron-bound  system  of 
feudalism  intolerable  sought  eagerly  the  compara- 
tive liberty  of  cities."  ^ 

The  grasp  of  the  principles  of  political  evolution 
and  of  practical  administration  which  this  passage 
shows  could  hardly  be  overestimated.  The  idea 
that  a  numerous  population,  covering  large  terri- 
tories, cannot  be  by  political  means  raised  en  masse 
to  a  higher  stage  of  development,  and  that,  if  polit- 
ical and  social  progress  is  to  come  about  in  such 
regions,  the  advanced  methods  and  institutions 
must  first  be  worked  out  in  smaller  areas,  in  cities 
and  towns,  which  may  thus  become  a  model  to  the 
surrounding  country,  —  this  idea  is  based  on  the 
soundest  knowledge  of  the  laws  of  politics.  To 
civilize  by  bayonets,  to  educate  by  force,  to  render 
moral  by  laws,  —  these  are  all  Utopian  notions, 

1  Preface  by  Sir  George  Goldie  to  Vandeleur's  Campaigning  on 
the  Upper  Nile  and  Niger,  1898. 

232 


REPRESENTATIVE   INSTITUTIONS 

although  they  appear  under  a  strangely  un-Utopian 
guise.  Peoples,  like  individuals,  can  be  deeply  and 
permanently  influenced  only  through  a  more  quiet, 
less  obtrusive,  appeal  to  their  inner  nature  by  exam- 
ple. It  may  be  the  example  of  righteous  living,  or 
the  example  of  efficient  methods  in  political  admin- 
istration and  in  industry.  Industrial  example  has 
done  more  to  transform  the  Orient  in  the  last  decade 
than  has  all  the  political  action  of  centuries.  To 
impose  upon  a  backward  people  institutions  excel- 
lent in  our  eyes,  but  for  which  its  historic  experi- 
ence has  not  as  yet  fitted  it,  is  vanity  and  folly ; 
to  give  within  a  limited  sphere  and  area  the  exam- 
ple of  correct  methods  and  honest  work,  would 
seem  an  approach  to  a  statesmanlike  policy. 

No  system  is  so  adapted  to  this  end  as  a  modified 
form  of  the  protectorate.  The  essential  thought 
in  dealing  with  native  societies  should  be  that  they 
must  on  no  account  be  deprived  of  their  morale 
and  of  their  feeling  of  responsibility  for  their  own 
destiny.  Any  government  that  attempts  to  begin 
their  regeneration  by  setting  aside  their  time-hon- 
ored customs  and  degrading  their  natural  leaders, 
is,  as  has  well  been  said,  guilty  of  a  murderous 
assault,  not  merely  upon  human  beings,  but  upon  a 
society,  an  organism  of  even  intenser  life  and  higher 
destinies.  Where  native  societies  exist,  in  Africa, 
in  Asia,  and  in  Oceanica,  they  should  be  allowed 
to  continue  under  their  native  leaders  and  under 
their  inherited  social  system.  The  protecting 
power  should  confine  itself  to  suppressing  warlike 

233 


COLONIAL   GOVERNMENT 

outbreaks  among  neighboring  tribes,  and  to  super- 
vising in  general  the  native  administration  so  as 
to  prevent  abuses  and  to  bring  to  book  such  chiefs 
as  are  unendurably  cruel  and  incapable.  But  it 
should  allow  the  natives  to  govern  themselves 
according  to  their  own  customs  and  laws ;  though 
it  would,  to  follow  out  the  suggestion  of  Sir  George 
Goldie,  make  its  own  methods  in  the  residential 
towns  a  model  to  the  natives  in  all  respects,  not  only 
in  matters  of  government,  but  of  industry,  com- 
merce, and  conduct.  Thus  the  "  civilized  "  towns 
of  tropical  Africa,  which  are  now  disgraceful  dens 
of  vice,  might  become  true  "  cities  of  refuge."  Of 
course,  political  power  and  unquestioned  authority 
would  be  necessary  to  accompHsh  these  ends,  but 
more  important  far  than  these  would  be  friendly 
relations  with  the  natives,  and  the  feeling  among 
the  latter  that  they  were  being  aided,  not  repressed 
and  exploited.  A  system  of  this  kind  is  not  only 
flexible  and  adaptable  to  all  conditions,  but  it  has 
the  further  great  merit  of  being  inexpensive ;  the 
natives  need  no  longer  be  taxed  directly  for  ser- 
vices which  bring  them  no  benefit. 

When  we  glance  over  the  whole  vast  area  of 
territory  within  which  the  western  powers  now 
exercise  political  authority,  we  see  that  it  falls  into 
three  classes  of  countries :  those  adapted  to  Euro- 
pean settlement,  —  South  Africa,  Canada,  and  Aus- 
tralia, where  institutions  of  self-government  have 
been  quite  generally  established ;  those  in  the 
tropics,  inhabited   by  a  population  whose   native 

234 


REPRESENTATIVE    INSTITUTIONS 

social  institutions  have  been  destroyed,  — the  West 
Indies  and  parts  of  the  PhiUppines ;  and  the  ex- 
tensive regions  occupied  by  native  societies,  in  Cen- 
tral and  Northern  Africa,  Asia,  and  the  islands 
of  Oceanica.  The  continued  use  of  the  crown 
colony  system  seems  to  be  advisable  only  in  small 
military  and  naval  posts,  and  in  dependencies  which 
have  no  adequate  native  institutions,  and  whose 
population  cannot  be  organized  into  constituencies 
according  to  interests.  Everywhere  else  more 
flexible  institutions  are  desirable.  In  general  it 
may  be  said  that  the  colonies  where  some  form  of 
the  protectorate  has  been  consistently  and  faith- 
fully appHed  have  been  the  most  successful  ven- 
tures. Thus,  France  looks  upon  Tunis  as  her 
model  colonial  estabhshment,  Great  Britain  has 
reason  to  be  proud  of  her  success  in  the  Indian 
and  Malaysian  protectorates,  and  the  great  work 
accomplished  by  these  methods  in  Java  is  matter 
of  common  knowledge.  This  experience  shows 
that  nowhere  in  the  world  can  the  natives  be 
helped  by  having  even  the  most  perfect  institu- 
tions worked  out  for  them ;  the  only  way  to 
benefit  them  in  reality  is  to  give  them  an  opportu- 
nity to  help  themselves  by  developing  in  a  natural 
manner  their  own  customs  and  institutions. 

REFERENCES 

Adams,  G.  B.,  "The  Influence  of  the  American  Revolution 
on  England's  Government  of  her  Colonies."  Annual 
Report  American  Historical  Association,  1896,  Vol.  I. 

235 


COLONIAL   GOVERNMENT 

Alcindor,  Emile,  Les  Antilles  franqaises.     Paris,  1899. 
Aube,  Contre-Amiral,  La  Martinique.     Paris,  1882. 
Bigelow,  P.,   Children  of  the  Nations.      New  York,  1901. 

Ch.  XXVIIL 
Bowen,  Sir  G.  F.,  Thirty  Years  of  Colonial  Government. 

London,  1889.     Chs.  VIII.,  IX. 
British  Empire  Series.     London,  1900.     Vol.  III.,  "British 

America."    pp.  367-459?  497-5 1 1  • 
Chesney,  General  Sir  George,  Indian  Polity.     London,  1894. 

Ch.  XXII. 
Creasy,  Sir  E.,  The  Constitutions  of  the  Britannic  Empire. 

London,  1872.     Ch.  III. 
Dianous,  P.  de,  Notes  de  Ugislation  tunisienne.    Paris,  1898. 

Ch.  XXXI. 
Garnett,    R.,    Edward  Gibbon   Wakefield.      London,    1898. 

Ch.  VI. 
Grey,   J.    G,   Australia^    Old  and  New.       London,    1901. 

Chs.  XIV.,  XXV. 
Jenks,   Edward,   The   History  of  the  Australian   Colonies. 

Cambridge,  1895.     Chs.  XL,  XIV. 
Kingsley,  Mary,  West  African  Studies,  Ch.  XVII. 
Leroy-Beaulieu,   P.,   EAlgerie  et  la  Timisie.      Paris,  1897. 

Bk.  I.,  Chs.  X.,  XI. ;  Bk.  II.,  Ch.  XIII. 
Lucas,  C.  P.,  Historical  Geography  of  the  B?'itish  Colonies. 

Oxford,  1890.     Vol.  II.,  Ch.  III. 
Mills,  A.,  Colonial  Constittctions.     London,  1856.     Ch.  I. 
Morison,  T.,   Imperial  Rule  in  India.     Westminster,  1899. 

Chs.  I.,  V. 
Reinsch,  Paul  S.,  "French  Experience  with  Representative 

Government  in  the  West  Indies."     In  American  Histori- 
cal Review,  VI.  475. 
Samuelson,  James.    India,  Past  and  Present.     London,  1890. 

Chs.  XX.,  XXI. 
Saussure,   L.   de,   Psychologie    de  la  colonisation  franqaise. 

Paris,  1899.     Chs.  VII.,  X.,  XI. 
Scholcher,    V.,    Pole7nique   coloniale,   1871-1881;  1882-188^. 

Paris,  1 882-1 886. 

236 


REPRESENTATIVE   INSTITUTIONS 

Smith,  Goldwin,  Canada  and  the  Canadian  Question.  London, 

1891.     Chs.  v.,  VII. 
Tregarthen,  G.,  The  Story  of  Australasia.     New  York,  1894. 

Chs.  VIII.,  XL,  XX.,  XXV. 
Weir,  R.  S.,  The  Administration  of  the  Old  Rigimein  Canada. 

Montreal,  1896. 


237 


CHAPTER  XII 

SELF-GOVERNING    COLONIES 

During  the  earlier  era  of  modern  colonial  devel- 
opment, especially  during  the  seventeenth  century, 
the  English  settlement  colonies  were  left  very 
largely  to  manage  their  own  affairs,  and  to  govern 
themselves  by  their  own  institutions  and  through 
magistrates  of  their  own  selection.  The  EngHsh 
government  and  people  during  this  period  had 
their  attention  fully  occupied  by  the  engrossing 
political  events  at  home  and  on  the  Continent.  But 
when  affairs  in  England  had  again  settled  down  to 
a  more  quiet  and  ordinary  current,  the  government 
gradually  began  to  realize  the  advantages  of  an 
extended  dominion,  and  took  steps  to  institute  a 
stricter  system  of  control  over  colonial  politic? 
and  activities,  and  to  make  the  latter  subservient 
to  the  economic  interests  of  the  mother  country. 
This  policy  in  the  end  drove  the  thirteen  American 
colonies  to  revolt  and  to  struggle  for  their  inde- 
pendence. The  British  government,  far  from  rec- 
ognizing in  this  loss  a  condemnation  of  the  policy 
of  strict  control  and  of  illiberal  commercial  laws, 
held  to  the  idea  that  the  political  relations  between 
the  mother  country  and  the  colonies  must  be  made 

238 


SELF-GOVERNING   COLONIES 

closer  still,  and  the  supervision  over  colonial  ad- 
ministration much  stricter,  if  similar  losses  were 
to  be  avoided  in  the  future. 

Thus,  for  over  half  a  century  after  the  Treaty 
of  Paris,  the  British  colonies  were  kept  in  leading 
strings,  the  primary  influence  in  their  political 
affairs  being  exercised  by  the  governors,  who  kept 
in  close  touch  with  the  home  administration.  How- 
ever, as  the  constitutional  law  relating  to  colonies 
obliged  the  government  to  establish  and  maintain 
representative  institutions  in  all  settlement  colo- 
nies, elected  legislatures  coexisted  with  direct  ad- 
ministration throughout  this  class  of  dependencies. 
That  these  inherently  incompatible  elements  could 
not  permanently  cooperate  was  a  foregone  conclu- 
sion. In  many  of  the  colonies  there  was  almost 
constant  friction,  more  or  less  serious,  between 
the  administration  and  the  elective  branch,  which 
looked  upon  itself  as  the  true  representative  of 
popular  sovereignty.  How  serious  a  turn  this 
state  of  affairs  took  in  Canada  we  have  already 
considered.  It  is  remarkable  that,  although  at  this 
time  the  essential  principles  of  cabinet  govern- 
ment were  but  dimly  understood.  Lord  Durham, 
by  the  suggestion  in  his  famous  report  of  1839, 
that  responsible  government  be  established  in  the 
North  American  colonies,  should  have  discovered 
and  pointed  out  the  only  possible  way  to  a  solu- 
tion of  the  difficulty.  The  colonies  would  no 
longer  endure  having  the  details  of  their  policy, 
as  well  as  its  general  outlines,  determined  by  men 

239 


COLONIAL   GOVERNMENT 

who  received  their  grant  of  authority  from  the 
crown.  The  continuance  of  such  a  system  could 
only  have  led  to  repeated  revolts  and  ultimate 
separation. 

The  recognition  of  the  simple  principle  that  the 
high  officials  should  be  selected  in  accordance  with 
the  desires  of  the  colonial  representatives  was  all 
that  was  needed,  but  was  also  the  least  that  suf- 
ficed, to  reconcile  the  inborn  sense  of  indepen- 
dence of  the  colonists  with  continued  British 
dominion.  It  was  not  for  some  years  after  Lord 
Durham's  suggestion,  however,  that  this  simple 
but  important  principle  was  fully  recognized  by 
the  British  government,  and  adopted  as  the  basis 
of  colonial  relations.  Its  adoption  did  not  neces- 
sitate any  formal  legislation,  nor  even  an  Order 
in  Council.  The  understanding  that  thereafter 
ministers  who  could  not  command  a  majority  in 
the  colonial  assemblies  would  not  be  retained 
as  advisers  to  the  governor,  was  fully  sufficient. 
Lord  Elgin  put  into  operation  this  great  constitu- 
tional change  in  a  most  simple  and  unobtrusive 
manner. 

The  date  which  is  usually  given  for  the  begin- 
ning of  the  system  of  responsible  government  in 
Canada  is  1846.  It  was  next  established  in  the 
older  Australian  colonies,  in  New  Zealand,  Cape 
Colony,  Tasmania,  Newfoundland,  and,  most  re- 
cently, in  West  Australia  in  1890  and  in  Natal 
in  1893.  In  the  case  of  Cape  Colony,  the  colonial 
legislature  itself  provided  for  "  the  introduction  of 

240 


SELF-GOVERNING  COLONIES 

the  system  of  executive  administration  commonly 
called  responsible  government."  Sometimes  cer- 
tain constitutional  limitations  are  especially  pro- 
vided for  at  the  time  when  self-government  is 
granted.  Thus,  in  Natal,  the  administration  is 
given  the  power  to  designate  six  high  officials  and 
to  reserve  them  for  appointment  by  the  crown ; 
provision  is  also  made  for  sufficient  appropria- 
tions to  meet  the  salaries  of  the  governor  and  of 
these  officials,  as  well  as  the  expenses  of  educa- 
tion among  the  natives.  We  may  note  here,  in 
passing,  that  responsible  ministries  exist,  not  only 
in  the  two  great  federal  governments  of  Canada 
and  Australia,  but  also  in  every  one  of  the  indi- 
vidual colonies  or  provinces  of  which  they  are 
composed,  with  the  exception  of  the  Northwest 
Territories  of  Canada.  In  these  latter  provinces, 
however,  although  the  executive  council  is  not 
responsible  to  the  legislature  in  the  British  sense, 
its  members  are  elected  by  popular  vote,  and 
hence  are  responsible  directly  to  the  people. 
'K  All  the  great  English  settlement  colonies  have, 
therefore,  attained  to  self-government,  and  have  de- 
veloped an  almost  independent  political  life.  The 
connection  with  the  mother  country  is  maintained, 
not  by  compulsion  or  the  fear  of  superior  force, 
but  through  a  spirit  of  accommodation  between  the 
home  and  the  colonial  governments,  and  a  rational 
endeavor  to  respect  and  advance  their  mutual 
interests.  Thus  the  colonies  are  enabled  to  benefit 
by  the  prestige  of  association  with  a  great  empire, 
R  241 


COLONIAL   GOVERNMENT 

without  being  called  upon  for  any  serious  sacrifices. 
The  internal  affairs,  and  in  fact  almost  the  entire 
polity  of  the  colonial  commonwealths,  are  left  free 
from  interference  by  the  mother  country.  Lord 
Durham  would  have  reserved  for  control  by  the 
home  government  the  constitution  of  the  form  of 
colonial  government,  as  well  as  the  subjects  of 
foreign  relations,  of  trade,  and  of  public  lands ; 
but  not  even  in  these  important  matters  has  the 
mother  country  forced  its  policy  upon  the  colonies. 
The  administration  of  the  public  lands  has  been 
turned  over  to  them  completely ;  they  have  been 
permitted  to  develop  their  own  tariff  policy  and  to 
negotiate  commercial  treaties  with  foreign  nations ; 
and  while,  of  course,  the  general  political  relations 
of  the  colonies  to  the  outside  world  are  determined 
by  the  arrangements  of  the  mother  country,  the 
colonial  governments  are  always  consulted  before 
any  important  step  involving  their  interests  is 
taken, 
y  The  self-governing  colonies  of  Great  Britain 
have  often  been  compared  to  international  protec- 
torates, and  it  admits  of  no  doubt  that  they  are  in 
some  respects  very  similar.  In  both,  the  foreign 
relations  are  controlled  by  the  paramount  state, 
while  complete  autonomy  exists  as  to  internal 
affairs.  When,  however,  instead  of  present  static 
conditions,  we  consider  the  matter  of  origin  and  of 
trend,  the  analogy  ceases  to  apply.  The  origin  of 
the  relation  which  we  are  considering  in  respect 
to  the  self-governing  colonies  is  a  gradually  devel- 

242 


SELF-GOVERNING   COLONIES 

oping  autonomy,  not  a  partial  abdication  of  sover- 
eignty by  treaty  as  in  the  case  of  a  protectorate. 
Through  the  various  stages  of  colonial  dependence 
which  we  have  outlined,  these  colonies  have  risen 
to  almost  full-grown  statehood,  while  the  ordinary 
protected  state  has  lost  its  former  complete  au- 
tonomy, and  is  usually  on  an  inclined  plane  toward 
increased  vassalage. 

Though  the  future  of  the  self-governing  colonies 
is  uncertain,  it  is  safe  to  predict  that  they  will  not 
again  allow  the  mother  country  to  encroach  upon 
their  internal  autonomy,  and  their  renewed  subjec- 
tion is  not  to  be  thought  of.  Whether  they  will 
continue  in  some  form  of  federation  with  the 
mother  country,  or  whether  they  will  sooner  or 
later  claim  complete  sovereignty,  depends  entirely 
upon  how  far  the  basis  of  common  race  and  civili- 
zation can  be  supplemented  by  lasting  economic 
interests.  Meanwhile,  the  statesmen  of  the  empire 
have  a  most  delicate  task  in  maintaining  a  certain 
amount  of  cooperation  among  commonwealths  and 
populations  so  distant  from  each  other,  and  tending 
more  and  more  to  diverge  from  their  common 
origin.  From  these  various  considerations  it  will 
appear  that  the  similar  position  which  the  self- 
governing  colonies  and  the  protectorates  occupy  is 
merely  the  point  of  intersection  where  two  entirely 
different  orbits  meet. 
>)^  The  self-governing  colonies  of  Great  Britain 
offer  in  their  adoption  of  the  institutions  of  the 
mother  country  examples  of  successful  imitation, 

243 


COLONIAL   GOVERNMENT 

which  is  very  rare  in  political  history.  It  would, 
however,  be  more  correct  to  say  that  the  colonial 
commonwealths  did  not  so  much  consciously  imi- 
tate British  institutions,  as  instinctively  follow  a 
course  of  development  similar  to  that  of  the  parent 
nation.  Given  the  fundamental  principles  of  Eng- 
lish liberty  and  polity,  with  which  the  colonists 
were  familiar  through  tradition  and  experience,  it 
was  but  natural  for  them  to  use  the  institutional 
forms  of  the  mother  country  as  models  and  prece- 
dents. Many  states  have  patterned  after  British 
institutions;  but  nowhere  has  the  imitation  resulted 
satisfactorily,  except  in  the  British  colonies,  where 
historical  antecedents  had  prepared  the  people  for 
their  efficient  use. 

In  the  matter  of  social  and  economic  legislation, 
these  commonwealths  have  been  able,  on  account 
of  the  absence  of  a  firmly  rooted  system  of  classes 
and  vested  interests,  to  make  many  decidedly  novel 
experiments.  Some  of  them,  especially  the  Aus- 
tralasian colonies,  have  thus  become  great  experi- 
mental stations  for  advanced  social  reforms.  Laws 
and  methods  of  procedure  which  it  would  be  diffi- 
cult or  impossible  to  institute  in  an  old  country 
without  causing  a  feeling  of  social  instability,  are 
being  put  to  the  test  in  these  younger  and  less 
trammelled  societies.  In  this  manner  our  knowl- 
edge of  modes  of  social  action  is  being  constantly 
enriched,  and  some  of  our  gravest  problems  are 
brought  some  steps  nearer  to  solution.  Far  from 
being  imitators,  the  colonists,  starting  from  certain 

244 


SELF-GOVERNING   COLONIES 

fundamental  principles  of  English  liberty,  are  draw- 
ing their  own  conclusions  as  to  the  proper  manner 
of  protecting  the  sphere  of  the  individual.  As 
to  the  constitutional  framework  of  the  common- 
wealths, they  do  not,  however,  depart  far  from 
British  precedents ;  so  that  the  constitutional  prin- 
ciples of  the  mother  country  can  generally  be 
applied  directly  to  the  colonies.  This  may  be 
looked  upon  as  a  proof  that  the  English  system 
of  cabinet  government  fully  responds  to  the  needs 
of  ultra-democratic  societies. 

i^  The  place  of  a  constitutional  sovereign  in  this 
system  is  taken  by  the  governor  or  governor-general. 
Like  his  monarchical  prototype,  he  is  the  formal 
representative  of  sovereign  power  in  the  state. 
His  political  acts,  however,  require  the  sanction  of 
a  responsible  ministry ;  or,  to  state  the  matter  in  a 
different  way,  the  governor  provides  the  form, 
while  the  legislature  and  ministry  provide  the  con- 
tents and  substance,  of  the  various  acts  of  the 
state.  But  the  veto  power  of  th6  governor  brings 
out  a  characteristic  of  his  position  which  differen- 
tiates him  from  a  constitutional  monarch.  Exer- 
cised from  the  point  of  view  of  the  colony  itself, 
the  veto  power  would  be  as  meaningless  as  it  is  in 
a  constitutional  monarchy,  where  the  king's  min- 
isters must  be  able  to  control  the  legislature.  The 
governor  is,  however,  more  than  the  mere  formal 
head  of  the  colonial  government;  he  is  also  the 
representative  of  the  interests  of  the  mother  coun- 
try, or  rather  of  the  common  poHcy  of  the  British 

245 


COLONIAL   GOVERNMENT 

Empire.  Acting  in  this  capacity,  he  does  not 
assume  the  character  of  an  absokite  monarch,  but 
considers  his  responsibihty  to  the  home  govern- 
ment. Should  an  act  of  the  colonial  legislature 
be  clearly  incompatible  with  the  undisputed  inter- 
ests of  the  empire  as  a  whole,  or  with  continued 
allegiance  on  the  part  of  the  colony,  it  is  his  duty, 
and  he  has  the  constitutional  power,  to  interpose 
his  veto.  To  prevent  the  occurrence  of  difficulties 
which  would  necessitate  a  resort  to  this  right  is, 
however,  one  of  his  principal  functions. 

As  a  matter  of  fact,  the  veto  power  has  always 
been  exercised  most  sparingly  in  the  self-governing 
colonies.  In  the  twenty-four  years  preceding  1891 
only  seventy  acts  were  disallowed  out  of  over  twelve 
thousand  passed  by  the  provincial  legislatures  in 
Canada.  Since  that  date  the  instances  of  disallow- 
ance have  been  even  fewer  on  the  average.  With 
respect  to  the  provinces  of  the  Dominion  of  Canada, 
it  was  provided  by  the  British  North  America 
Act  of  1867  that  **the  ultimate  authority  for  de- 
termining upon  the  expediency  of  giving  or  with- 
holding the  royal  assent  to  bills  passed  by  the 
provincial  legislatures  shall  be  the  governor- 
general  of  Canada  and  not  the  Queen."  In  many 
of  the  above  cases  of  vetoes,  the  provincial  act  was 
disallowed  rather  from  the  point  of  view  of  the 
Dominion  government  than  from  that  of  the  home 
authorities.  Only  one  bill  and  two  acts  of  the  Do- 
minion Parliament  have  been  disallowed  by  the 
crown.     In  Cape  Colony  the  veto  has  not  been 

246 


SELF-GOVERNING   COLONIES 

employed  at  all,  and  in  the  Australasian  colonies 
only  eleven  bills  and  five  acts  had  been  disallowed 
up  to  1 89 1.  During  the  period  from  1895  to  1900 
a  comparatively  large  number  of  colonial  acts  were 
refused  the  royal  assent,  —  namely,  five  acts  of 
Newfoundland,  two  of  Natal,  and  three  of  Aus- 
traHan  colonies,^ 

The  governor,  whose  direct  power  is  so  limited 
that  he  can  create  no  serious  mischief,  has,  like  the 
constitutional  monarch,  an  unlimited  opportunity 
for  exerting  a  good  influence  upon  the  course  of 
political  affairs.  If  he  be  a  man  endowed  with  the 
instinct  of  tactful  leadership  and  possessed  of  the 
accumulated  wisdom  gained  by  long  experience  in 
the  public  service,  he  will  become  the  adviser  of 
his  advisers,  and  will  be  able  to  warn  them  against 
many  pitfalls  as  well  as  to  mould  their  policy  by 
fruitful  suggestions.  Standing  above  parties,  he 
will  bring  to  the  discussions  of  his  council  an  un- 
biassed view  of  important  questions,  and  his  min- 
isters will  not  be  anxious  to  adopt  a  policy  for 
which  they  cannot  win  his  consent  and  support. 
Through  the  right  of  dissolving  the  legislature  and 
of  dismissing  the  cabinet,  he  is  at  all  times  able  to 
test  any  policy  or  measure  by  a  direct  appeal  to 
the  people. 

We  must  nof  overlook  the  many  activities  and 
sources  of  influence,  aside  from  specifically  political 
hfe,  which  his  exalted  position  opens  up  to  the 
governor  of   a   great  self-governing   dependency. 

1  House  of  Commons  Return,  Blue  Books,  1901,  C.  363. 
247 


COLONIAL  GOVERNMENT 

Not  only  is  he  the  connecting  link  between  colony 
and  empire,  but  he  is  also  given  the  opportunity  of 
familiarizing  himself  with  all  the  sections  of  his 
colony,  and  thus  of  representing  its  unity  in  the 
eyes  of  the  people.  His  social  position,  too,  con- 
tributes not  a  little  to  a  general  influence  which 
a  man  of  character  and  power  may  turn  to  the  best 
uses  of  a  legitimate  ambition.  While  a  governor 
of  only  respectable  ability  will  perhaps  remain  a 
mere  figure-head,  a  self-governing  colony  offers  a 
rare  field  for  a  man  of  commanding  power  and 
unfailing  tact.  As  he  cannot  make  an  appeal  to 
brute  force  nor  base  his  influence  on  unquestioned 
authority,  as  can  the  governor  of  a  crown  colony, 
he  will  feel  a  far  greater  satisfaction  in  making  his 
ideas  prevail,  since  success  under  these  conditions 
indicates  a  great  endowment  of  tact  and  the  power 
of  making  men  find  their  interests  and  pleasure  in 
cooperation  along  certain  lines  pointed  out  by  the 
master  spirit.  In  some  respects  the  governor  may 
be  compared  to  the  official  residents  in  protector- 
ates; but  although  the  latter  have  to  deal  with 
highly  difficult  situations,  and  often  to  handle  men 
of  ungovernable  and  unaccountable  tempers,  they 
always  have  a  last  resource  in  the  threat  of  armed 
intervention,  while  the  governor  of  a  colony  with 
a  responsible  ministry  must  accomplish  his  political 
objects  without  any  backing  of  this  kind.  Lord 
Elgin,  when  governor-general  of  Canada,  in  his 
correspondence  with  Earl  Grey  repeatedly  gives  it 
as  his  opinion  that  a  governor  may  have  more  real 

248 


SELF-GOVERNING   COLONIES 

influence  in  a  responsible  government  than  in  a 
crown  colony,  and  that,  by  acting  on  the  principle 
of  giving  his  ministers  all  possible  support,  and  the 
benefit  of  his  best  advice,  he  "  may  hope  to  establish 
a  moral  influence  which  will  go  far  to  compensate 
for  the  loss  of  power  consequent  on  the  surrender 
of  patronage  to  an  executive  responsible  to  the 
local  parliament."  ^  He  points  out  the  danger  of 
becoming  a  mere  roi  fainiant^  or,  on  the  other 
hand,  of  falling  into  the  petty  hostilities  of  local 
factional  struggles  ;  but  a  man  of  positive  aims,  who 
possesses  the  dignity  of  an  impartial  arbiter,  can  ex- 
ercise great  authority  and  influence,  an  influence 
"  wholly  moral,  of  suasion,  sympathy,  and  modera- 
tion, which  softens  the  temper  while  it  elevates  the 
aims  of  local  politics."  Speaking  of  his  own 
experience.  Lord  Elgin  says  :  "  I  have  tried  both 
systems.  In  Jamaica  there  was  no  responsible 
government ;  but  I  had  not  half  the  power  I  have 
here,  with  my  constitutional  and  changing  cabinet." 
Other  great  governors  of  self-governing  colonies, 
whose  careers  and  words  testify  to  the  importance 
and  power  of  this  position,  are  Lord  Dufferin,  Sir 
William  J.  Denison,  Sir  Hercules  Robinson,  and 
Sir  George  F.  Bowen. 

REFERENCES 

Adderley,  Sir  C.  B.,  Review  of  The  Colonial  Policy  of  Lord 
J.  RusseWs  Ad?ni7iistratio7i,'"  by  Earl  Grey,  1833,  and  of 
Subsequent  Colonial  History.     London,  1869.     pp.  1-54. 

1  Cited  in  Todd's  Parliamentary  Government  in  the   British 
colonies. 

249 


COLONIAL   GOVERNMENT 

Bourinot,  Sir  J.  G.,  Parliamentary  Procedure  afid  Practice  in 

the  Dominion  of  Canada.     Montreal,  1892.     pp.  76  j-^^. 
Bourinot,  Sir  J.  G.,  Constitutioti  of  Canada.     Montreal,  1888. 
Bowen,  Sir  G.  F.,  Thirty    Years  of  Colonial  Government. 

London,  1889.     Chs.  XXIL,  XXIV.,  XXV. 
Bryce,  James,  Impressions  of  Soidh  Africa.    New  York,  1898. 

Ch.  XXIV. 
Doutrd,  J.,  The  Constitution  of  Canada.     1880. 
Gisborne,  V^WYvsim,  New  Zealand.    London,  1891.    Chs.  VIL, 

XVII. 
Gisborne,  William,  New  Zealand  Rulers  and  Statesmen,  1840- 

iSgj.     London,  1897. 
Hamelle,  P.,  Honwies  et  choses  d''outre-mer.     Paris,    1899. 

"  Le  Premier  du  Canada." 
Leggo,  W.,  History  of  the  Administratio7t  of  the  Earl  of 

Dufferin.     Montreal,  1878. 
Lucas,  C.  P.,  Historical  Geography  of  the  British  Colonies. 

Oxford,  1 889-1901.     Vol.  V. 
Lyne,  C.  E.,  Life  of  Sir  Henry  Parkes.     London,  1897. 
Merivale,  H.,  Colonization  and  Colonies.     Lecture  XXII.  and 

Appendix. 
Munro,  J.  E.  C,  The  Constitution  of  Ca?iada.     Cambridge, 

1889. 
Rusden,  G.  W.,  History  of  Australia.     Melbourne,    1897. 

Vol.  III. 
Smith,  Goldwin,  Canada  and  the  Canadian  Question.  London, 

1891.     Ch.  VIII. 
Todd,  A.,  Parliamentary  Government  in  the  British  Colonies. 

Second  Ed.     London,  1894. 
Walker,  H.  de  R.,  Australian  Democracy.     London,   1897. 

Ch.  X. 
Zimmermann,  Dr.   A.,  Die  europdischen  Kolonien.     Berlin, 

1896-1901.     Vol.  III.,  pp.  318-380. 


250 


CHAPTER   XIII 

COLONIAL    FEDERATION 

It  is  very  natural  that  groups  of  colonies  which 
are  contiguous  or  near  to  each  other,  and  which 
have  common  economic  interests,  should  gravitate 
toward  some  form  of  federal  union.  In  most  cases, 
however,  though  the  results  of  the  accomplished 
fact  may  justify  the  federation,  there  are  countless 
obstacles  in  the  way  of  its  realization.  Either  the 
colonies  are  too  young  and  immature  to  feel  the 
existence  of  common  interests ;  or,  if  they  have  a 
longer  history,  strong  sentiments  of  local  indepen- 
dence and  loyalty  have  had  time  to  grow  up,  so 
that  federation  can  be  achieved  only  through  the 
mutual  accommodation  of  important  conflicting 
interests.  Moreover,  the  attitude  of  the  mother 
country  has  often  been  unfavorable  to  federation 
among  the  colonies.  This  may  have  been  due  to 
the  fear  that  the  union  of  a  number  of  possessions 
might  render  them  too  strong  and  self-reliant  for 
continued  dependence ;  or,  on  the  other  hand,  to 
the  apprehension  that  the  elements  within  the  col- 
onies which  were  not  considered  desirable  from  the 
point  of  view  of  the  interests  of  the  mother  coun- 
try would  gain  the  upper  hand  through  the  policy 

251 


COLONIAL   GOVERNMENT 

of  federation.  Notwithstanding  all  these  contrary 
influences,  there  have  been  a  number  of  important 
movements  for  federation  among  the  British  colo- 
nies, two  of  which  have  resulted  in  the  establish- 
ment of  very  strong  federal  states. 

The  provinces  of  Upper  and  Lower  Canada 
were  at  first  organized  separately,  —  a  policy  which 
was  due  partly  to  the  belief  that  the  French  ele- 
ment could  be  handled  better  by  itself,  partly  to 
the  feeling  that  too  large  a  colony  might  soon  be 
encouraged  to  seek  independence.  In  this  matter 
the  experience  with  the  American  colonies,  whose 
united  action  had  brought  them  independence,  was 
of  great  influence  upon  English  politics.  The 
British  government  had  never  looked  upon  the 
earlier  federation  schemes  of  the  American  colo- 
nies with  especial  favor,  and  the  ultimate  outcome 
of  these  tendencies  justified  this  reluctance  from 
its  own  point  of  view.  The  consequences  of  the 
partition  of  Canada  have  already  been  adverted  to 
in  a  previous  chapter ;  the  policy  of  isolating  the 
French  colonists  resulted  in  arraying  them  in 
determined  opposition  to  the  colonial  government. 
Lord  Durham  recommended  union  in  the  hope, 
which  was  ultimately  justified  by  the  event,  that 
the  French  problem  might  thus  be  more  readily 
solved. 

The  considerations  that  led  to  the  establishment 
of  the  Dominion  in  1867  were  of  a  more  complex 
nature.  The  French  question  had  not  been  en- 
tirely  settled  by   the   union   of    1841,   since  the 

252 


COLONIAL   FEDERATION 

French  now  held  the  balance  of  power  between  the 
parties  in  the  colonial  parliament,  and  so  continued 
to  be  a  disturbing  factor  in  the  situation.  But 
interests  of  a  commercial  nature  were  also  promi- 
nent in  bringing  about  the  final  union  of  the 
British  North  American  provinces.  In  1864,  when 
Nova  Scotia,  New  Brunswick,  and  Prince  Edward 
Island  took  steps  for  the  formation  among  them- 
selves of  closer  relations,  the  government  of 
Canada  sent  delegates  to  meet  with  the  representa- 
tives of  the  other  colonies.  The  result,  after  a 
course  of  difficult  negotiations  in  which  serious  con- 
flicts of  interest  and  sentiment  had  to  be  adjusted, 
was  the  union  of  1867.  The  British  government 
was  at  this  time  not  unfavorable  to  federation  ;  the 
principles  of  Liberalism  held  full  sway  in  England, 
and  the  feeling  of  the  home  government  was  that 
Canada  must  become  self-supporting  and  self-reli- 
ant, even  at  the  risk  of  her  seeking  independence. 
This  feeling  was  strengthened  by  the  apprehen- 
sion, then  quite  general  in  England,  that  the 
United  States,  whose  military  energies  had  been 
released  by  the  final  surrender  of  the  Confederates, 
might  be  tempted  to  seek  an  occasion  for  invading 
Canada.^ 

The  government  of  the  Dominion  of  Canada, 
which  was  created  at  this  time,  is  one  of  the 
strongest  federal  governments  in  existence.  Only 
by  endowing  it  with  great  powers  could  the  politi- 
cal purpose  that  prompted  both  the  mother  country 

1  See  John  Bright 's  speech  of  February  28,  1867. 
253 


COLONIAL   GOVERNMENT 

and  the  colonies  at  that  time  be  attained.  The 
provincial  governments  were  made  decidedly  subsid- 
iary to  the  Dominion  parliament,  which  exercises  a 
power  of  revision  over  legislation  in  the  provinces. 
Many  fields  of  jurisdiction,  which  lie  beyond  the 
strictly  common  interests  of  the  whole  Domin- 
ion, are  occupied  by  the  Dominion  government. 
Unlike  that  of  the  United  States,  it  is  not  a 
government  of  enumerated  powers,  but  one  which 
possesses  general  sovereignty,  Hmited  by  specific 
grants  of  power  to  the  provincial  governments  and 
by  the  remaining  few  and  rarely  exercised  rights 
of  the  British  crown  and  Parhament. 

In  the  West  Indies  also  the  British  government 
for  a  long  time  pursued  the  policy  of  keeping  the 
colonies  separate  politically  ;  as  a  consequence,  very 
little  community  of  interest  and  sentiment  has  been 
developed  in  these  British  islands,  considering  how 
near  they  are  to  each  other.  More  recently,  after 
the  islands  have  lost  much  of  their  relative  impor- 
tance, a  federation  movement  has  been  started, 
which  is  favored  by  the  home  government,  largely 
on  the  ground  of  economy  in  administration,  and 
of  the  helplessness  of  the  isolated  colonies.  Two 
smaller  federations  have  existed  for  some  time : 
the  Leeward  Islands  have  a  common  legislature, 
which  may  repeal  or  amend  local  acts,  and  has 
broad  powers  of  original  federal  legislation ;  the 
Windward  Islands,  though  without  common  assem- 
bly or  council,  are  under  one  governor-general,  and 
have  a  court  of  appeals  as  well  as  other  federal 

254 


COLONIAL   FEDERATION 

institutions,  —  in  the  language  of  the  colonists,  "  a 
court  and  a  lunatic  asylum."  In  1875  Mr.  Salomon 
worked  out  a  "plan  for  the  union  of  the  fifteen 
West  Indian  colonies,"  but  thus  far  no  decisive 
steps  toward  the  creation  of  this  larger  union  have 
been  taken.  So  effective  has  the  long-continued 
policy  of  isolation  been  that  the  individual  colonies 
have  more  direct  relations  with  Great  Britain  than 
with  each  other.  There  exists  among  them  as 
strong  a  local  pride  as  among  the  ancient  Greek 
cities,  and  a  similar  unwillingness  to  subordinate 
themselves  to  a  higher  political  union. 

It  is  interesting  to  note  that  Canada  has  been  for 
some  time  endeavoring  to  build  up  closer  relations 
with  the  British  West  Indies.  Informal  negotia- 
tions for  mutual  commercial  advantages  have  been 
going  on,  and  quite  recently  some  British  steam- 
ship lines,  which  ply  between  Canada  and  the 
West  Indies,  have  been  granted  a  subsidy  by  the 
Canadian  government.  As  a  matter  of  fact,  it  is 
quite  likely  that  the  federation  of  the  West  Indies 
will  take  the  form  of  a  closer  connection  with  Can- 
ada rather  than  of  a  union  among  themselves. 
The  economic  distress  which  now  prevails  through- 
out these  islands  can  be  relieved  only  by  intimate 
commercial  relations  with  either  the  United  States 
or  Canada.  Indeed,  union  with  Canada  seems  to 
be,  in  view  of  the  inexorable  economic  laws  at  work 
in  this  matter,  the  only  alternative  to  absorption  in 
the  current  of  our  own  expanding  economic  and 
political  life. 

255 


COLONIAL   GOVERNMENT 

The  Indian  Empire  may  be  regarded  under  the 
aspect  of  a  vast  federal  state.  The  original  three 
presidencies  of  Madras,  Bombay,  and  Bengal 
were  at  first  mutually  independent  and  were  coor- 
dinate in  power.  The  acts  of  Parliament  of  1773, 
1799,  and  1833  gradually  made  the  presidency  of 
Bengal  more  prominent,  and  placed  the  other  two 
under  the  control  of  its  governor,  who  thus  became 
the  governor-general  of  India.  Throughout  the 
period  of  conquest,  the  central  government  in- 
creased in  authority ;  and  although  this  centraliza- 
tion was  often  criticised,^  in  1858  and  subsequently, 
it  was  not  until  1870  that  a  movement  in  the  oppo- 
site direction  was  begun.  From  the  governorship 
of  Lord  Mayo  down  to  the  present  time,  the  effort 
has  been  to  strengthen  the  administrative  powers 
of  the  provinces,  now  twelve  in  number :  Madras, 
Bombay,  Bengal,  the  Northwest  Provinces  and 
Oudh,2  the  Panjab,  Burma,  Assam,  the  Central 
Provinces,  British  Baluchistan,  Ajmir,  Kurg,  and 
a  new  province  created  in  February  1901,  on  the 
northwest  frontier,  and  administered  by  a  chief 
commissioner. 

The  Australian  Commonwealth  has  been  created 
in  the  face  of  difficulties  which  at  times  seemed 
well-nigh  insurmountable.  Superficially  regarded, 
the  economic  interests  of  the  several  Australian 
colonies  were  opposed  to  each  other ;  but  the  feel- 

1  See,  e.g.,  John  Bright's  speech  of  August  i,  1859. 

2  The  lieutenant  governor  of  the  Northwest  Provinces  is  also 
chief  commissioner  of  Oudh. 

256 


COLONIAL   FEDERATION 

ing  of  their  deeper  harmony  has  finally  prevailed, 
and  the  year  1900,  which  marks  a  low  ebb  in  the 
fortunes  of  the  British  Empire  in  general,  will 
stand  for  one  of  the  greatest  achievements  in  his- 
tory,—  the  creation  of  a  powerful  federal  state 
between  the  Pacific  and  the  Indian  Oceans.  On 
account  of  the  many  conflicting  interests  and  the 
strongly  developed  individuality  of  the  several 
colonies,  the  federal  government  of  Australia  is, 
in  the  extent  of  its  powers,  not  quite  so  strong  as 
the  Canadian.  But  though  it  does  not  so  com- 
pletely overshadow  its  component  states,  and  re- 
minds one  more  of  the  delegated  powers  of  our 
own  federal  government,  the  potential  vitality  of  the 
Australian  Commonwealth  is  certainly  sufficient 
to  make  a  great  state.  Although  the  central  gov- 
ernment lacks  the  authority  of  directly  negativing 
provincial  legislation,  it  has  been  given  jurisdiction 
over  a  number  of  important  matters  which  are 
distinct  from  the  purely  federal  relation.  Most 
prominent  among  these  subjects  of  legislation  are 
marriage  and  divorce,  banking,  insolvency,  arbitra- 
tion of  industrial  disputes,  and  old  age  pensions. 
The  Senate  and  House  of  Representatives  are  both 
elected  by  manhood  suffrage,  the  former  perpetu- 
ating the  federal  principle  in  a  manner  similar  to 
the  United  States  Senate,  inasmuch  as  each  state 
has  the  right  to  elect  six  senators.  A  High  Court 
of  Justice  is  established,  whose  jurisdiction  covers 
cases  arising  under  the  federal  constitution  and 
differences  between  the  states.     An  appeal  to  the 

257 


COLONIAL   GOVERNMENT 

British  Privy  Council  can  be  taken  from  the  deci- 
sions of  this  court  in  federal  constitutional  cases 
only  by  its  own  permission. 

Two  of  the  great  groups  of  self-governing 
colonies  have  thus  accomplished  federal  union ; 
in  the  third,  this  has  been  so  far  prevented  by  the 
existence  of  specially  unfavorable  conditions.  Had 
the  Dutch  republics  of  South  Africa  always  been 
under  British  control,  it  is  highly  probable  that  a 
federal  state  would  have  been  formed  long  ago. 
But  as  it  was,  neither  the  EngUsh  element  nor  the 
Dutch  could  foresee  the  probable  results  of  federa- 
tion upon  political  affairs  sufficiently  to  trust  their 
destinies  to  this  policy.  Moreover,  under  condi- 
tions as  they  have  so  far  existed,  any  plan  of 
federation  which  would  not  have  meant  simple 
annexation  of  the  smaller  colonies  to  the  Cape  — 
a  policy  made  impossible  by  their  strenuous  oppo- 
sition—  would  have  necessitated  the  division  of 
Cape  Colony  into  several  provinces.  Such  an 
arrangement  would  have  encountered  the  greatest 
difficulties.  But,  notwithstanding  all  the  opposing 
influences,  some  steps  have  already  been  taken 
toward  establishing  at  least  a  Zollverein  as  a 
first  beginning  of  federal  union.  Suggested  as 
early  as  1875  by  Lord  Carnarvon  and  by  Mr. 
Froude,  federation  was  first  advanced  as  a  well- 
considered  policy  by  Sir  Bartle  Frere.  In- 1877  an 
enabling  act  was  passed  by  the  British  Parliament 
for  the  union  of  the  South  African  dependencies.^ 

1 40  and  41  Vict.  c.  47. 

258 


COLONIAL   FEDERATION 

But  it  was  not  followed  by  action  on  the  part  of 
the  colonial  legislatures.  In  1888  Sir  Gordon 
Sprigg  called  a  conference,  which  was  attended 
by  representatives  of  Cape  Colony,  Natal,  and  the 
Orange  Free  State,  in  which  a  customs  union  with 
a  uniform  tariff  of  twelve  per  cent  was  favorably  dis- 
cussed. In  1894  a  new  plan  for  a  customs  union 
was  proposed,  which  was  also  adopted  by  the  above 
governments,  with  the  addition  of  Bechuanaland 
and  Basutoland ;  its  provisions  went  into  effect  in 
1898.  The  present  war  has  retarded  further  devel- 
opment, and  it  depends  entirely  upon  the  nature 
of  the  government  to  be  established  in  the  con- 
quered territories  whether  an  effective  federal 
union  can  soon  be  formed. 

A  federation  quite  different  in  character  from 
those  which  we  have  thus  far  discussed  is  that  of 
the  Malay  Federated  States,  whose  formation  has 
already  been  described.  The  specifically  federal 
institutions  which  it  comprises  are  the  offices  of 
high  commissioner  and  of  resident-general,  and 
a  federal  council  which  meets  in  each  of  the  four 
federated  states  by  rotation,  and  is  composed  of 
all  the  members  of  their  respective  councils.  It 
enables  the  British  representatives  to  carry  out  a 
more  uniform  policy,  and  may  lead  to  the  gradual 
amalgamation  of  the  Malay  states  into  a  true 
political  organism. 

We  have  above  described  federation  among  indi- 
vidual colonies  only ;  it  is  also  necessary  to  consider 
briefly  the  character  and  aims^a^aLthe  movement  for 

259 


COLONIAL   GOVERNMENT 

imperial  federation.  Of  late,  as  we  have  seen,  the 
tendency  toward  colonial  federation  has  not  been 
unfavorably  looked  upon  by  the  home  government. 
The  reason  for  this  change  of  attitude  must  be 
looked  for  in  the  fact  that  colonial  federation  is 
believed  to  be  a  step  in  the  direction  of  imperial 
federation,  a  first  victory  over  particularistic  ten- 
dencies. Thus,  in  Australia,  the  colony  of  New 
South  Wales  had  set  itself  against  the  idea  of  im- 
perial federation  in  a  most  determined  manner. 
As  an  individual  colony,  it  was  intractable  on  this 
point ;  but  as  the  other  colonies  of  Australia  were 
readier  at  least  to  reason  upon  the  proposal,  the 
formation  of  an  Australian  commonwealth  appar- 
ently constituted  the  only  means  of  drawing  New 
South  Wales  into  the  movement  for  imperial 
union. 

The  Imperial  Federation  League,  which  was 
formed  in  1884,  never  had  a  very  definite  pro- 
gramme. The  prominent  men  who  led  in  its  councils 
were  themselves  far  from  being  at  one,  even  on  the 
general  outline  of  the  policy  to  be  pursued.  The 
league,  therefore,  confined  itself  to  the  endeavor 
of  arousing  interest  in  the  general  idea  of  imperial 
federation,  to  discussing  its  feasibility,  to  advocat- 
ing periodical  conventions  of  colonial  representa- 
tives, and  to  promulgating  the  suggestion  that  the 
colonies  should  assume  part  of  the  burdens  of  im- 
perial expenditure  and  thus  give  some  return  for 
the  benefits  received.  While  there  were  almost  as 
many  plans  for  carrying  out  this  suggestion  as 

260 


COLONIAL   FEDERATION 

there  were  men  interested,  the  plan  of  Mr.  Hof- 
meyr,  a  South  African  political  leader,  attracted 
special  attention.  It  contemplated  that  a  two  per 
cent  customs  duty  should  be  placed  on  all  imports 
into  the  empire  from  abroad ;  this  was  to  be  levied 
in  addition  to  such  duties  as  were  already  in  force 
in  the  various  parts  of  the  empire.  The  revenue 
derived  from  this  increase  was  to  be  devoted  to 
defraying  the  cost  of  defence.  Numerous  other 
and  more  sweeping  projects  for  an  imperial  customs 
union  have  been  entertained.  There  were  also  put 
forward  many  speculative  suggestions  as  to  the 
creation  of  an  imperial  parliament,  or  the  admis- 
sion of  colonial  representatives  to  the  House  of 
Lords  or  to  the  House  of  Commons.  Lord  Grey 
recommended  that  the  agents-general  of  the  colo- 
nies should  be  admitted  into  the  Privy  Council,  and 
from  another  source  came  the  proposal  that  they 
should  be  made  ex-officio  members  of  the  House  of 
Lords.  On  none  of  the  above  matters,  however, 
was  any  definite  policy  ever  adopted  by  the  League ; 
the  only  positive  recommendation  on  its  part  was 
that  colonial  conferences  like  that  of  1887  should 
be  held  at  frequent  intervals.^ 

The  British  and  the  colonial  governments,  as 
well  as  the  men  who  represent  them  in  authority, 

1  The  Imperial  Federation  League  in  Great  Britain  was  dissolved 
in  1893.  Three  years  later,  a  new  association,  the  British  Empire 
League,  was  created  as  its  successor.  The  Imperial  Federation 
League  of  Canada,  which  had  been  associated  with  the  old  league, 
changed  its  name  to  British  Empire  League  and  affiliated  itself  with 
the  league  in  London  in  1896. 

261 


COLONIAL   GOVERNMENT 

have  been  very  slow  to  commit  themselves  in  this 
matter.  The  discussion  of  the  general  subject  of 
imperial  federation  was  expressly  excluded  at  the 
conference  of  1887  by  request  of  some  of  the 
Australian  colonies,  and  in  1889  Lord  Salisbury 
refused  to  comply  with  the  request  to  call  a  con- 
vention for  that  purpose. 

In  the  matter  of  commercial  arrangements  and 
tariff  accommodations  within  the  empire,  the  vari- 
ous governments  as  well  as  responsible  statesmen 
have  been  ready  to  encourage  discussion  and  even 
to  advise  or  to  undertake  action.  In  1894  the 
Colonial  Conference  in  session  at  Ottawa  adopted 
resolutions  embodying  the  following  principles : 
that  the  dependencies  of  the  empire  should  be 
enabled  to  enter  into  agreements  of  commercial 
reciprocity  with  each  other  and  with  the  mother 
country,  and  that  existing  treaties  preventing  this 
should  be  abrogated ;  and  that  it  would  be  advis- 
able to  make  customs  arrangements  by  which 
trade  within  the  empire  might  be  placed  upon  a 
more  favorable  footing  than  that  carried  on  with 
foreign  countries.  In  1897  followed  the  tariff  of 
Canada,  by  which  preferential  treatment  was  ac- 
corded to  imports  from  Great  Britain. 

While  the  British  government  did  not  take  any 
official  action  upon  these  matters,  Mr.  Chamberlain, 
in  his  speech  of  March  25,  1896,  declared  that  he 
"desired  a  true  Zollverein  for  the  Empire,  with 
a  free  trade  system  established  throughout  it, 
which,   although    it   involved    the    imposition   of 

262 


COLONIAL   FEDERATION 

duties  against  foreign  countries,  might  still  lead  to 
a  satisfactory  arrangement  if  the  colonies  on  their 
part  were  willing  to  consider  it."  The  details  of 
Mr.  Chamberlain's  plan  are  that  free  trade  is  to 
be  estabhshed  throughout  the  empire,  but  the  in- 
dividual parts  are  to  be  permitted  to  impose  duties 
on  foreign  imports ;  Great  Britain  herself  is  to  lay 
a  tariff  on  agricultural  products,  so  as  to  favor  her 
colonies  against  the  rest  of  the  world. 

In  1 898  the  treaties  with  Belgium  and  Germany, 
which  excluded  discrimination  in  favor  of  the 
mother  country  on  the  part  of  the  British  colonies, 
were  denounced  by  Great  Britain,  and  thus  the 
way  was  cleared  for  new  commercial  arrangements 
within  the  empire.  The  Rhodesian  Orders  in 
Council  of  1898  established  commercial  union  of 
the  company's  territory  with  the  mother  country. 
With  the  exception  of  the  aid  voluntarily  offered 
by  the  self-governing  colonies  in  the  Boer  War, 
the  above  are  the  only  concrete  results  so  far 
obtained  in  the  movement  for  imperial  federation. 
It  may  be  noted  here  that  Mr.  Edmund  Barton,  in 
one  of  his  first  official  statements  as  prime  min- 
ister of  the  new  Australian  Commonwealth,  said : 
"Free  trade  under  the  constitution  would  be 
practically  impossible,  because  a  very  large  cus- 
toms revenue  is  requisite.  Our  poHcy,  however, 
will  be  protective,  not  prohibitive.  So  far  as  the 
preferential  duty  on  British  goods  is  concerned, 
we  should  be  glad  to  reciprocate  where  possible  ; 
but  this  is  a  question  requiring  serious  considera- 

263 


COLONIAL   GOVERNMENT 

tion."  This  cautious  statement  does  not  hold  out 
much  promise  of  favorable  action  on  the  part  of 
the  new  commonwealth  in  the  matter  of  an  impe- 
rial customs  union. 

What  then  is  the  present  status  of  the  question 
of  imperial  federation  ?  In  the  first  place,  we 
must  not  overlook  the  fact  that  the  empire  is 
already,  to  all  intents  and  purposes,  a  federal  state  ; 
for  what  other  political  term  would  so  well  express 
the  relations  between  the  self-governing  colonies 
and  the  mother  country?  Indeed,  even  the 
crown  colonies,  to  which  a  large  amount  of  au- 
tonomy has  always  been  conceded,  could  fitly  be 
considered  members  of  a  federal  union.  Similar 
in  this  respect  to  all  English  political  institutions, 
this  federal  organism  is  not  the  product  of  con- 
scious artificial  construction,  but  the  result  of 
gradual  growth.  While  the  coercive  authority  of 
the  central  government  is  too  restricted  to  sat- 
isfy the  ultra-enthusiasts  for  imperial  power,  there 
nevertheless  exists  a  true  federal  union.  The  self- 
governing  colonies  manage  all  their  local  affairs 
independently,  but  they  cooperate  with  the  home 
authorities  when  their  external  relations  are  to  be 
settled  by  treaties  and  commercial  arrangements. 
Thus,  while  there  is  little  or  no  compulsion,  there  is 
much  cooperation  under  the  guidance  of  the  home 
authorities,  a  cooperation  that  rests  upon  the  feel- 
ing of  common  interests  and  mutual  forbearance 
and  helpfulness. 

Could  such  a  situation  continue  indefinitely,  it 
264 


COLONIAL   FEDERATION 

would  be  an  almost  ideal  form  of  federal  relations, 
where  the  diversified  interests  of  an  empire  would 
be  allowed  to  adjust  themselves  to  each  other  by 
tactful  accommodation  and  without  any  resort  to 
coercive  force.  But  as  there  is  nothing  stationary 
in  politics,  we  must  expect  either  an  emphasizing 
of  the  federal  ties  and  the  creation  of  more  formal 
federal  institutions,  or  the  gradual  establishment 
of  complete  independence  on  the  part  of  the  self- 
governing  colonies.  The  latter  aim  seems  to  be 
not  unattractive  to  the  Australian  colonies,  which 
constitute  a  second  England  as  far  as  sea-defended 
isolation  and  a  consequent  sense  of  self-sufficing 
independence  are  concerned.  But,  as  long  as  the 
central  government  does  not  attempt  coercion  in 
any  matter,  it  is  not  likely  that  even  the  Austrahan 
Commonwealth  will  be  anxious  to  take  the  final 
step  of  separation. 

So  delicate,  however,  are  the  relations  between 
the  colonies  and  the  mother  country,  so  easily 
may  the  balance  be  incHned  toward  the  desire  for 
complete  independence,  that  it  is  absolutely  neces- 
sary for  British  statesmen  to  avoid  anything  which 
would  grate  on  the  colonies  or  interfere  in  any 
way  with  their  ideas  of  autonomy.  This  gives  us 
a  point  of  view  from  which  to  survey  and  examine 
such  schemes  for  more  explicit  federal  sovereignty 
as  that  of  Mr.  Parkin,  who  would  give  expression 
to  imperial  unity  by  the  creation  of  a  central 
mechanism  of  government.  In  general,  British 
statesmen  have  been  wisely  reluctant  to  advocate 

265 


COLONIAL   GOVERNMENT 

any  such  conscious  creations,  which  do  not  accord 
with  the  genius  of  the  British  constitution.  More- 
over, the  attempt  to  create  a  central  government, 
endowed  with  real  power,  could  result  only  in 
institutions  that  would  interfere  too  much  with 
local  autonomy  to  be  acceptable  to  the  colonies. 
It  is  more  likely  that  such  attempts,  if  pushed 
too  vigorously,  would  lead  to  the  alienation  of  at 
least  some  of  the  colonies,  and  to  a  rapid  growth 
of  the  spirit  of  independence.  Whatever  meas- 
ures are  really  needed  to  safeguard  the  general 
interests,  the  colonies  will  always  gladly  allow 
the  central  government  to  take,  and  hence  it  is 
certainly  much  better  to  trust  to  guidance  by 
gradually  accumulating  precedents  than  to  formal 
institutional  changes. 

But  while  the  proposals  for  an  imperial  legisla- 
ture would  constitute  a  total  breach  with  the  past, 
in  reducing  the  present  British  ParUament  to  a 
mere  local  body,  the  admission  of  the  agents-gen- 
eral of  the  colonies  into  Parhament  is  not  open  to 
such  serious  objections.  It  would  not  distort  the 
English  system  by  swamping  Parliament  with  colo- 
nial representatives  anxious  to  make  their  power 
felt,  and  at  the  same  time  it  would  give  the  colo- 
nies an  effective  recognition  in  the  councils  of 
the  body  to  which  some  of  their  most  important 
affairs  are  intrusted.  It  has  also  been  suggested 
that  the  agents-general  of  the  colonies  should  be 
constituted  into  an  advisory  federal  council.  Such 
in  an  informal  way  they  already  are,  although  their 

266 


COLONIAL   FEDERATION 

corporate  character  has  not  been  developed  to  the 
same  extent  as  that  of  the  commission  of  crown 
agents. 

Schemes  for  the  construction  of  federal  institu- 
tions command  but  little  attention  at  the  present 
time.  Commercial  federation  is  the  only  part  of 
this  subject  which  is  being  seriously  discussed  with 
a  view  to  immediate  action.  There  seems  to  be  an  in- 
stinctive feeling  that  it  is  more  important  to  create 
a  true  economic  solidarity  than  a  mere  outward 
mechanism  of  imperial  government.  But  one  of 
the  greatest  difficulties  in  this  matter  lies  in  the 
fact  that  such  solidarity  as  already  exists  in  the 
empire  consists  rather  of  ties  between  the  colonies 
and  the  mother  country,  than  of  close  relations 
among  the  individual  colonies  themselves.  Thus 
it  is  hard  to  see  how  any  real  community  of  in- 
terests can  soon  be  developed  between  the  Indian 
Empire  and  the  Australian  Commonwealth,  or 
between  the  latter  country  and  South  Africa. 
Even  the  interests  of  the  mother  country  and  of 
individual  colonies  are  often  in  opposition  to  each 
other,  the  former  demanding  an  extension  of  the 
policy  of  free  trade,  while  the  latter  desire  protec- 
tion for  their  own  nascent  industries.  Mr.  Cham- 
berlain's plan  of  an  imperial  customs  union  is  based 
primarily  upon  the  interests  of  England,  and  there 
is  small  likelihood  that  such  a  plan  of  free  trade 
within  the  empire  would  be  acceptable  to  the 
colonies,  especially  if  India  is  to  be  included  in 
the  union.     However,   though  we   cannot  expect 

267 


COLONIAL   GOVERNMENT 

the  immediate  realization  of  this  project,  it  is  pos- 
sible that  it  may  be  gradually  approached  through 
a  series  of  arrangements  for  preferential  duties, 
made  between  Great  Britain  and  individual  colo- 
nies,—  a  matter  to  which  Canada  has  already 
made  a  handsome  contribution. 

The  great  question  which  is  now  being  agitated 
is,  Will  Great  Britain  see  her  way  clear  to  granting 
a  quid  pro  quo  in  the  form  of  preferential  treat- 
ment of  colonial  produce  ?  Mr.  Chamberlain,  in 
his  address  before  the  Chambers  of  Commerce  of 
the  Empire  on  June  9,  1896,  said  :  — 

"  I  pass  now  to  the  proposal  that  we  should  change  our 
whole  system  and  impose  duties  on  food  and  raw  materials. 
There  is  not  the  slightest  chance  that  in  any  reasonable  time 
such  an  agreement  would  be  adopted.  The  foreign  trade  of 
this  country  is  so  large  and  the  foreign  trade  of  the  colonies 
is  comparatively  so  small  that  a  small  preference  given  us  upon 
the  latter  would  make  so  slight  a  difference  and  would  be  so 
slight  a  benefit  to  the  total  volume  of  our  trade  that  I  do  not 
believe  the  working  classes  of  this  country  would  consent  to 
make  a  revolutionary  change  for  what  they  would  think  to  be 
an  infinitesimal  gain." 

He  then  expressed  his  readiness  to  grant  such 
preferential  treatment,  in  connection  with  a  true 
British  customs  union,  as  proposed  by  the  Toronto 
Board  of  Trade,  which  contemplated  the  "freest 
exchange  of  commodities  within  the  empire  con- 
sistent with  the  tariff  requirements  incident  to  the 
maintenance  of  the  local  government  of  each  king- 
dom, dominion,  province,  or  colony,  now  forming 
part  of  the  British  family  of  nations."  It  is  also 
-268 


COLONIAL  FEDERATION 

within  the  power  of  Great  Britain  to  grant  some 
other  form  of  return  for  preferential  treatment 
of  its  imports  by  the  colonies.  For  instance,  cer- 
tain colonial  bonds  are  by  statute  admitted  among 
the  securities  in  which  British  trust  funds  may  be 
invested.  Thus  by  the  Colonial  Stock  Act  of 
1900  (63-64  Vict.  c.  62)  this  privilege  is  bestowed 
in  case  of  certain  Canadian  and  New  Zealand 
bonds.  Other  colonial  securities  had  already  been 
given  a  similar  privilege  by  previous  enactments. 
The  advantage  of  this  concession  to  the  colonial 
finances  in  the  reduction  of  interest  rates  is 
obvious. 

How  deeply  this  problem  of  a  customs  union 
involves  the  entire  industrial  life  of  England,  how 
great  a  departure  from  its  traditional  policy  it  sug- 
gests, is  apparent  at  first  view.  British  statesmen 
have  always  in  their  public  utterances  dwelt  on 
the  thought  that  England  held  her  vast  posses- 
sions in  trust  for  humanity,  and  that  it  was  her 
purpose  to  allow  all  the  world  to  share  the  indus- 
trial and  commercial  opportunities  under  the  sys- 
tem of  law  and  order  established  by  her.  A 
departure  from  this  policy,  the  creation  of  a  tariff 
wall  around  the  empire,  could  not  but  have  the 
profoundest  influence  on  the  entire  future,  not 
only  of  Great  Britain  herself,  but  of  all  civilization. 

As  none  of  the  plans  for  giving  more  formal 

expression  to  the  institutional  unity  of  the  British 

Empire  are  at  present  being  seriously  considered, 

and  as  we,  nevertheless,  feel  that  the  empire  is  an 

^69 


COLONIAL  GOVERNMENT 

actual  entity,^  and  not  a  mere  fortuitous  agglom- 
eration of  states,  it  may  be  interesting  to  ask  what 
constitutes  the  real  basis  of  the  political  unity  of 
the  British  Empire,  and  upon  what  forces  we  may 
count  for  strengthening  the  feeling  of  union. 

The  financial  relations  between  Great  Britain 
and  the  colonies  claim  our  first  attention  in  this  con- 
sideration of  the  ties  that  bind  the  empire  together. 
Although  all  such  computations  are  more  or 
less  defective,  it  may  safely  be  said  that  at  least 
one  billion  pounds  sterling  of  British  capital  is 
invested  in  the  colonies.  London  is  the  great 
financial  centre  of  the  whole  empire ;  from  it  the 
colonial  banks  are  supplied  with  funds,  railways 
and  public  improvements  are  financed,  and  manu- 
factories are  estabhshed.  The  influence  of  these 
agencies  in  drawing  the  various  parts  of  the  em- 
pire together,  in  overcoming  particularistic  and 
provincial  tendencies,  and  in  transmitting  the  cos- 
mopolitan spirit  of  London  to  all  parts  of  the  Brit- 
ish world,  cannot  be  overestimated.  Incidentally 
it  may  also  be  noted  that  the  continued  concentra- 
tion of  the  capital  of  the  British  Empire,  by  which 

1  Kipling,  in  a  letter,  has  expressed  this  feeling  in  the  following 
manner :  "  Influence  other  people  to  drop  allusions  to  the  '  loyalty 
of  the  colonies.'  In  the  first  place,  I  dislike  the  word  'colonies,' 
and  if  you  look  through  my  verses  you  will  find  that  I  very  seldom 
use  it.  It  is  out  of  date  and  misleading,  besides  being  provincial. 
In  the  second  place,  there  is  no  need  to  talk  of  loyalty  among  white 
men  ;  that  is  one  of  the  things  we  all  take  for  granted  —  because 
the  Empire  is  us,  we  ourselves."  Cited  in  Davidson,  Commercial 
Federation,'^.  ii6. 

270 


COLONIAL  FEDERATION 

manufacturing  establishments  in  various  colonies 
are  coming  under  unified  control,  will  ultimately- 
become  a  powerful  factor  in  reducing  the  opposi- 
tion to  imperial  free  trade.^ 

Another  important  tie  consists  in  the  reciprocity 
of  industrial  interests  between  the  mother  country 
and  most  of  the  colonies ;  the  raw  materials  which 
the  latter  produce  in  such  large  quantities  can  be 
exchanged  for  the  manufactured  products  of  Great 
Britain.  But  in  order  that  Great  Britain  may  con- 
tinue to  be  a  promising  market  for  colonial  prod- 
uce, it  is  necessary  that  her  commercial  ascendency 
in  other  countries  outside  of  the  colonies  should 
not  be  materially  impaired.  We  encounter  here 
one  of  the  most  serious  objections  to  an  imperial 
customs  union.  Such  an  exclusive  arrangement 
would  without  fail  lead  to  discriminations  against 
British  commerce  in  foreign  countries,  and  it  would 
be  a  long  time  before  the  colonies  could  develop 
sufficiently  to  constitute  a  market  for  British  goods 
at  all  equal  to  the  international  market  which  at 
present  exists.    Should  a  customs  union  be  adopted, 

iThe  Congress  of  the. Chambers  of  Commerce  of  the  Empire, 
which  has  met  periodically  since  1892,  is  a  body  which  represents 
the  commercial  and  industrial  interests  throughout  the  empire,  and 
which  has  discussed  in  considerable  detail  various  proposals  for  an 
imperial  customs  union  of  some  kind.  Lord  Avebury,  at  the  meet- 
ing of  the  congress  in  1900,  introduced  a  resolution  for  the  codifi- 
cation of  commercial  law  throughout  the  empire.  This  last  congress 
also  passed  a  resolution  asking  the  government  to  appoint  a  com- 
mission to  consider  imperial  trade  relations;  Lord  Salisbury,  how- 
ever, declined  to  comply  with  this  suggestion. 

271 


COLONIAL   GOVERNMENT 

the  duties  would  have  to  be  kept  within  very  rea- 
sonable limits,  if  unwelcome  consequences  to  Eng- 
land and  to  the  whole  British  Empire  were  to  be 
avoided. 

Their  membership  in  the  British  Empire  has 
secured  for  the  colonies  an  immunity  from  outside 
attacks  and  encroachments.  What  the  ocean  has 
been  to  the  United  States  in  this  respect,  the 
empire  has  been  to  the  colonies ;  it  has  enabled 
them  to  employ  their  energies  in  the  development 
of  their  natural  resources  without  fear  of  attack 
and  without  heavy  expenditure  for  defence.  It  is  a 
wise  policy  that  the  colonies  should  dedicate  their 
powers  preferably  to  the  conquest  of  nature,  whose 
riches  invite  control  and  utilization,  and  promise 
such  ample  returns.  The  mother  country  has  thus 
far  borne  the  brunt  of  the  burden  of  defence,  but 
the  colonies  have  begun  to  assume  their  share,  and 
have  signified  their  readiness  for  more  cooperation 
in  this  matter.  The  crucial  test  of  the  strength  of 
imperial  ties  would  arrive  were  Great  Britain  to 
become  involved  in  a  war  with  a  first-class  power. 
While  it  is,  of  course,  impossible  to  foretell  the 
attitude  of  the  self-governing  colonies,  it  will 
hardly  be  supposed  that  they  would  entirely  desert 
the  mother  country  at  such  a  juncture,  unless  the 
war  had  been  entered  upon  notwithstanding  an 
express  protest  on  their  part. 

Much  might  be  said  about  the  community  of 
language,  literature,  political  and  social  traditions, 
and  general  culture,  between  the  mother  country 

272 


COLONIAL  FEDERATION 

and  the  colonies ;  ^  about  all  the  possibilities  of 
common  action  and  feeling  brought  out  by  recent 
imperialistic  writers ;  about  the  system  of  political 
and  social  honors,  in  which  the  colonists  share  ;  ^ 
and  about  the  natural  feeUng  of  gratification  at 
belonging  to  a  powerful  society  and  empire. 
Though  these  sentiments  and  impulses,  taken  by 
themselves,  may  not  be  strong  enough  to  endure 
the  strain  should  other  interests  conflict,  they  still 
form  ties  which  the  fostering  care  of  wise  states- 
manship may  succeed  in  strengthening  to  an 
indissoluble  bond  of  union. 

This  may  be  said  of  all  the  common  interests 
and  sentiments  which  we  have  been  discussing. 
They  are  all  elements  in  a  growth  toward  firmer 
union,  though  this  union  may  never  take  the  form 
of  fixed  institutions  such  as  have  frequently  been 
suggested.  No  greater  mistake  could  be  made 
than  to  try  to  force  this  growth  by  an  attempt  pre- 
maturely to  settle  and  define  the  mutual  relations. 
As  it  is,  we  have  in  the  British  Empire  a  vast 
commonwealth  held  together  by  common  consent, 
based  on  traditions  of  civiHzation,  and  on  the  feel- 
ing that  all  parts  profit  by  membership  therein,  and 
that  they   are   not    curtailed   in   their   individual 

iThe  various  religious  denominations  assist  in  fostering  the 
feeling  of  imperial  union.  This  is  true  especially  of  the  Anglican 
church,  the  colonial  bishops  of  which  maintain  the  closest  connec- 
tion with  the  mother  country. 

2  The   Order  of  St.  Michael  and  St.  George,  the  Order  of  the 
Star  of  India,  and  that  of  the  Indian  Empire,  all  constitute  ties  of 
social  honor  which  bind  men  in  all  parts  of  the  empire  together. 
T  273 


COLONIAL   GOVERNMENT 

development.  It  is  indeed  a  most  interesting 
experiment  in  federal  government.  Even  should 
the  various  colonies  become  independent  states,  they 
would  not  cease  to  be  friendly  to  Great  Britain ; 
and  we  should  still  have  a  great  Anglo-Saxon  feder- 
ation, which,  we  may  hope,  being  itself  founded  on 
good  will,  would  oppose  ambitious  policies  of  con- 
quest and  make  for  peace. 

REFERENCES 

Beach,    W.    G.,    "The    Australian    Federal    Constitution." 

Political  Science  Quarterly^  XIV.  663-680. 
Bdrard,   V.,  V Angleterre   et   l''iinperialis7ne.      Paris,    1900. 

pp.  233-287. 
Bourinot,  Sir  J.  G.^  Federal  Government  in  Canada,     Johns 

Hopkins  University  Studies,  1889. 
Brassey,  Lord,  Papers  and  Addresses^  Imperial  Federation 

and  Colonization.     London,  1895. 
Bryce,  James,  South  African  Studies.     London,  1896. 
Bryce,  James,  Studies  in  History  and  Jurisprudence.    Oxford, 

1901.     Essay  VIII. 
Chamberlain,     Joseph,     Foreign     and     Colonial    Speeches. 

London,  1897.     pp.  161-187. 
Cuningham,   G.    C,    A    Scheme  for    Imperial  Federation. 

London,  1895. 
Davidson,  J.,   Com7nercial  Federation  and  Colonial  Trade 

Policy.     London,  1900.     Chs.  III.,  IV. 
Dicey,  A.  V.,  The  Law  of  the  Constitution.     London,  1889. 

Ch.  III. 
Dilke,  Sir  C.  W.,   Problems  of  Greater  Britain.      London, 

1890.     Pt.  VII. 
Douglas,  J.,  Canadian  Independe7ice,  Annexation,  and  British 

Imperial  Federation.     New  York,  1894. 
Egerton,  H.  E.,  Short  History  of  British    Colonial  Policy. 

London,  1897.     pp.  451-480. 
274 


COLONIAL   FEDERATION 

Fiske,  John,  American  Political  Ideas.      New  York,   1885. 

Ch.  IIL 
Hervey,  Maurice  H.,  The  Trade  Policy  of  Imperial  Federa- 
tion.    London,  1892. 
Hewins,  W.  A.  S.,  "  Der   Imperialismus   und   die   Handels- 

politik   des   Verein.    Koenigreichs."      In   Schriften  des 

Vereins  fiir  Sozialpolitik.     Vol.  XCL,  pp.  1 03-1 19. 
Hobson,  J.  A.,  The  War  in  South  Africa.     London,  1900. 

pp.  296-316. 
Holland,  B.,  Imperitim  et  Libertas.     London,  1901. 
Leroy-Beaulieu,   P.,   Les   Nouvelles  societes  anglo-saxonnes . 

Paris,  1 90 1. 
Parkes,  Sir  Henry,  Fifty  Years  in  the  Making  of  Australian 

History.     London,  1892.     Ch.  XX VL 
Parkin,  G.  R.,  Imperial  Federation.     London,  1892. 
Parliamentary  Debates  on  the  Subject  of  the  Confederation  of 

the  British  North  Aifterican  Provinces.     Quebec,  1865. 
Quick  and  Garron,  A^tnotated  Constitution  of  the  Australian 

Commonwealth.     Sydney,  1900. 
Rusden,  S.  W.,  History  of  Australia.      Melbourne,   1897. 

Vol.  IIL,  pp.  484-498. 
Smith,    Goldwin,    Canada    and    the    Canadian    Question. 

London,  1891. 
Smith,  Goldwin,  Essays  on  Questions  of  the  Day.    New  York, 

1894.     "The  Empire." 
Tupper,  C.  L.,  Our  Indian  Protectorate.      London,   1893. 

Ch.  XX. 
Van  Sommer,  J.,  Canada  and  the  Empire.     Toronto,  1898. 
W\2A\-aXQ,  A.,  foseph  Chamberlain.     Paris,  1899.     Ch.  IV. 
Walker,  H.  de  R.,  Australian  Denwcracy.     London,  1897. 

Ch.  IX. 
Worsfold,  W.  B.,  South  Africa.     London,  1895.     Ch.  III. 


275 


PART    III 

INSTITUTIONS   OF   COLONIAL 

GOVERNMENT 


<SP 


CHAPTER  XIV 

ORGANS  OF  COLONIAL  GOVERNMENT  IN  THE 
MOTHER  COUNTRY 

In  the  manner  of  organizing  the  institutions  of 
colonial  administration  located  in  the  mother  coun- 
try, in  the  amount  of  colonial  business  there  trans- 
acted, and  in  the  extent  of  interference  with  the 
local  colonial  authorities,  the  practice  of  the  different 
governments  varies  considerably.  This  matter  has 
an  intimate  connection  with  the  general  colonial 
policy  of  a  country,  —  whether  it  be  that  of  assimi- 
lation or  that  of  autonomy.  In  a  country  where 
the  former  is  followed,  the  home  administration 
will  be  very  complex  and  will  closely  superintend 
the  details  of  colonial  government.  Where,  how- 
ever, the  tendency  is  rather  toward  colonial 
autonomy,  the  central  organism  will  be  simpler,  and 
it  will,  in  most  cases,  leave  the  initiative  with  the 
local  authorities.  It  is  thus  apparent  that  details 
of  organization  which  at  first  sight  seem  purely 
adventitious  and  hence  very  uninteresting,  assume, 
through  their  connection  with  this  general  charac- 
ter of  national  policy,  a  good  deal  of  interest  and 
importance. 

Of  all  countries  France  has  the  most  intricate 
279 


COLONIAL  GOVERNMENT 

central  colonial  administration,  the  greater  part  of 
which  is  a  very  recent  growth.  It  was  only  in 
1894  that  a  separate  ministry  of  colonies  was 
created.  Prior  to  this  date  the  administration  of 
colonial  affairs  had  been  attached  alternately  to  the 
ministry  of  marine  and  to  that  of  commerce.  The 
above  measure  was  strongly  opposed  by  the  colonial 
deputies  in  the  French  parliament,  who  looked 
upon  it  as  a  step  away  from  the  policy  of  assimila- 
tion to  the  mother  country  which  they  favored. 
The  policy  of  assimilation,  if  consistently  carried 
out,  would  place  the  various  local  branches  of 
colonial  administration  directly  under  the  respective 
ministries  of  the  home  government,  as  has  been 
done  in  the  syst^me  des  rattachenients  applied  to 
Algeria.  The  creation  of  a  separate  ministry  of 
colonies  implies  that  the  colonies  are  to  be  under  a 
special  regime  and  are  not  to  be  treated  as  integral 
parts  of  the  mother  country.  However,  the  force 
of  circumstances  overbore  these  arguments  of  the 
colonial  representatives.  The  great  colonies  which 
France  had  acquired  in  Asia  and  Africa  could  no 
longer  be  managed  as  subordinate  attachments  to 
the  ministry  of  marine,  and,  on  the  other  hand,  the 
immediate  extension  of  the  whole  system  of  French 
administration  to  them  was  too  radical  a  measure 
even  for  the  French  statesmen,  however  strong 
their  belief  in  the  general  policy  of  assimilation 
might  be. 

The   separate   ministry   which   thus   came  into 
being  has  not  been  given  a  simple  and  harmonious 

280  . 


ORGANS  OF  COLONIAL  GOVERNMENT 

organization.  From  time  to  time  bureaus  and 
permanent  commissions  have  been  added  by  minis- 
terial or  parliamentary  action,  which  have  tended 
to  make  its  workings  cumbersome  and  intricate. 
The  remark  that  is  often  applied  to  French  bureau- 
cracy appears  to  be  especially  apt  in  connection  with 
this  ministry,  namely,  that  it  takes  one  half  of  the 
officials  to  determine  the  distribution  of  work  among 
the  other  half.  The  following  are  the  various  de- 
partments, commissions,  and  bureaus  of  the  French 
colonial  ministry :  — 

L   The  Cabinet  of  the  Ministry,  —  which  discusses  matters 
of  general  policy  and  recommendations  made  by  the 
Chambers  and  by  the  Colonial  Council. 
n.    The  General  Secretariat, — 

First  Bureau,  —  Dealing  with  the  relations   of  the 
colonial   office  to   the  President  of  the  Republic 
and  to  the  various  ministries. 
Second  Bureau,  —  Personnel  of  the  colonial  civil  and 

military  service. 
Third  Bureau,  —  Justice,  cult,  and  education. 
Special  Section,  —  Geography. 
in.   "Directions." 

A.  African  affairs. 

B.  Colonial  affairs  in  Asia,  America,  and   Ocean- 
ica. 

C.  Accountability  and  penal  service. 
First  Bureau,  —  Budgets  and  accounts. 
Second  Bureau,  —  Stores  and  provisions. 

To  this  is  attached  the  central  magazine  of  colonial 
supplies. 
Third  Bureau,  —  Salaries  and  pensions. 
Fourth  Bureau,  —  Administration  of  the  penal  settle- 
ments. 

281 


COLONIAL   GOVERNMENT 

IV.  Divers  commissions  and  services. 

1.  Direction  of  control  {Direction  de  cotitrdle)  ; 
created  by  decree  of  August  17,  1894;  supervises 
the  central  administration. 

2.  Colonial  inspection  {Vi7ispection  de  colonies) ; 
decree  of  November  29,  1887;  dealing  with  the 
inspection  of  the  local  colonial  services. 

3.  General  inspection  of  public  works  in  the  colonies  ; 
decree  of  August  17,  1894;  to  which  is  attached  a 
committee  of  public  works  in  the  colonies. 

4.  General  inspection  of  the  health  service  in  the 
colonies;  decree  of  January  7,  1890;  to  which 
there  is  attached  the  superior  council  of  health 
{Conseil  super ieur  de  santt). 

5.  The  technical  military  committee  of  the  colonies  ; 
decree  of  May  23,  1896;  of  which  the  military 
bureau  of  the  colonies  is  a  part. 

6.  Permanent  commission  of  purchases  and  receipts 
{La  Commission  permanente  de  marchts  et  de 
recettes)  ;  which  is  attached  to  the  bureau  of  stores 
and  provisions  under  direction  "  C." 

7.  The  superior  committee  on  public  instruction  in 
the  colonies. 

8.  The  consultative  committee  on  agriculture,  com- 
merce, and  industry  in  the  colonies. 

9.  The  commission  for  the  surveillance  of  colonial 
banks. 

10.  The  permanent  commission  of  the  penal  regime 
{La  Cotninission  permanente  du  regi?ne  ptniten- 
tiaire) . 

11.  The  consultative  committee  of  administrative 
jurisdiction  in  the  colonies  {Le  Comite  co7isultatif 
du  contentieux  des  colonies). 

In  addition  to  these  there  are  various  commissions  for  the 
verification  of  the  accounts  of  colonial  railway  companies. 

V.  The    Colonial    Office   {L^ Office    colonial),  founded    in 

1899. 


ORGANS  OF  COLONIAL  GOVERNMENT 

VL    The  Colonial  School  {DEcole  coloniale),  founded  in 

1885. 
VIL  The  colonial  experiment  station  at  Vincennes,  founded 
in  1899,  administered  by  a  council  nominated  by  the 
minister  of  colonies. 
VIIL  The  Superior  Council  of  the  Colonies  {Conseil  supi- 
rieur  des  colonies)^  created  by  the  decree  of  October 
19,  1883. 

Attempts  were  made  on  two  occasions  to  create 
a  more  logical  classification  of  the  colonial  service. 
In  1894  the  principle  of  subject-matter  was  used 
as  a  basis,  and  there  were  created  three  directions^ 
that  of  political  and  commercial  affairs,  that  of 
accountability  and  penal  services,  and  that  of  colo- 
nial defence.  In  1896,  however,  this  system  was 
remodelled,  and  the  geographical  principle  was 
introduced  to  a  certain  extent  in  the  directions, 
while  the  original  principle  of  classification  by 
subject-matter  was  retained  in  the  other  parts  of 
the  ministry.  The  classification  in  individual  cases 
is  sometimes  exceedingly  arbitrary,  so  that  it  occa- 
sionally seems  as  if  the  colonial  business  had  been 
pigeon-holed  in  the  various  bureaus  without  much 
regard  to  system.  Thus,  in  addition  to  the  func- 
tions indicated  above,  the  third  bureau  of  the 
General  Secretariat  has  the  care  of  colonial  ar- 
chives, administrative  courts,  unclaimed  succes- 
sions, and  so  on. 

The  general  character  and  functions  of  most  of 
the  parts  of  the  central  administration  are  apparent 
from  their  designation  or  from  the  brief  descrip- 
tion given  in  the  above  table.     Certain  of  them, 


COLONIAL   GOVERNMENT 

however,  demand  more  special  attention.  The 
Colonial  School,  which  was  founded  in  1885,  was 
at  first  intended  to  provide  means  of  education 
for  the  natives  of  the  colonies.  But  the  demands 
that  were  made  upon  it  from  this  source  were  so 
slender  that  the  school  was  soon  transformed  into  an 
institution  for  the  training  of  colonial  civil  servants. 
It  has,  therefore,  been  considerably  expanded, 
and  comprises  at  the  present  time  four  adminis- 
trative sections,  a  commercial  section,  a  prepara- 
tory division,  and,  as  a  remnant  of  its  original 
purpose,  a  section  for  native  students  from  the 
colonies.  The  four  administrative  sections  prepare 
respectively  for  the  colonial  commissariat,  the 
Indo-Chinese  administration,  African  affairs,  and 
the  administration  of  the  penal  settlements.  The 
requirement  for  admission  to  this  school  is  the 
possession  of  the  degree  of  bachelor,  or  its  equiva- 
lent. Graduates  of  the  school  are  eligible  for 
appointment  to  a  large  number  of  positions  in  the 
colonial  service. 

The  Colonial  Office  {U  Office  colonial)  took  the 
place  of  the  permanent  colonial  exhibition  which 
had  existed  since  1870.  It  continues  to  provide 
exhibits  of  colonial  produce  and  manufactures,  and 
also  constitutes  a  bureau  of  information  for  emi- 
grants and  investors.  Colonial  officials  who  are 
spending  their  furloughs  in  France  are  required 
to  give  the  office  a  certain  portion  of  their  time, 
in  order  that  they  may  be  consulted  by  persons 
seeking  information  on  colonial  matters. 

284 


ORGANS  OF  COLONIAL  GOVERNMENT 

A  striking  feature  of  the  French  system  is  the 
existence  of  a  large  number  of  commissions  of  in- 
spection. Not  only  is  there  a  general  inspection 
of  the  colonies,  which  deals  chiefly  with  the 
financial  administration,  but  the  various  branches 
of  colonial  government  are  under  the  inspection  of 
special  permanent  commissions.  It  is  a  character- 
istic of  the  French  system,  which  it  shares  with 
that  of  Spain,  that  colonial  officials  are  very  care- 
fully watched  by  means  of  an  elaborately  organ- 
ized inspection  service. 

The  Superior  Council  of  the  Colonies  is  a  large 
body,  composed  of  the  colonial  senators  and  depu- 
ties, special  colonial  delegates,  ex-officio  members, 
persons  nominated  by  the  colonial  minister  on  ac- 
count of  their  special  knowledge  or  experience, 
delegates  of  French  chambers  of  commerce,  and 
delegates  of  important  colonial  societies.  The 
council  is  divided  into  four  sections  according  to 
the  geographical  principle :  the  first  section  deals 
v/ith  the  affairs  of  the  American  colonies  and 
Reunion ;  the  second  with  Africa ;  the  third  with 
Indo-China;  the  fourth  with  French  India,  Mada- 
gascar, and  Oceanica.  The  council  has  merely 
consultative  functions ;  it  gives  advice  on  projects 
of  legislation  and  on  administrative  regulations 
submitted  to  it  by  the  colonial  ministry.  Although 
the  council  is  composed  very  largely  of  represen- 
tative men,  and  its  opinion  should  be  a  valuable 
guide  to  the  government,  it  has  not  often  bqen 
able  to  arouse  itself  to  much  interest  in  its  func- 

285 


COLONIAL   GOVERNMENT 

tions,  nor  can  any  important  measure  of  colonial 
legislation  be  traced  to  its  influence.  For  a  con- 
sultative body  it  is  too  large,  as  it  is  impossible  to 
consult  ^'ith  a  numerous  assembly;  hence,  in  1896 
a  permanent  commission  was  constituted  from 
among  its  members,  which  has  practically  ab- 
sorbed the  functions  of  the  larger  council. 

That  part  of  the  central  administration  which 
has  been  most  unfavorably  criticised  at  home  is 
the  bureau  for  colonial  supplies,  and  the  magazine 
attached  to  it.  This  magazine  was  at  first  admin- 
istered by  the  Minister  of  War,  colonial  supplies 
being  treated  much  as  those  for  the  army.  This 
system  has  been  continued  under  the  colonial  min- 
istry. The  supplies  needed  by  the  local  colonial 
administration  are  purchased  in  France  from 
French  contractors,  often  at  very  much  greater 
expense  than  they  could  be  obtained  for  in  the 
colonies  themselves.  In  his  report  on  French 
colonial  finance  in  1900,  Senator  Siegfried  con- 
demned especially  this  method  of  making  pur- 
chases. 

When  we  have  discussed  all  these  branches  of 
administration,  we  have  not,  however,  as  yet  ex- 
hausted the  subject.  Thus,  Algeria,  which  is  to 
all  intents  and  purposes  a  colony,  is  not  governed 
through  the  ministry  of  colonies,  but  its  affairs  are 
divided  among  the  several  French  ministries,  each 
one  looking  after  that  part  of  the  Algerian  ad- 
ministration which  is  analogous  to  its  own  field  of 
jurisdiction  in  France  itself.     Moreover,  Tunis,  as 

286 


ORGANS  OF  COLONIAL  GOVERNMENT 

being  in  law  not  a  colony  but  a  protectorate,  is 
placed  under  the  administration  of  the  ministry  of 
foreign  affairs.  The  fact  that  Tunis  is  the  most 
successful  colonial  experiment  of  France  would 
rather  seem  to  be  a  reflection  on  the  general  effi- 
ciency of  the  methods  employed  by  the  ministry 
of  colonies.  Technically,  the  administration  of 
Tongking,  Anam,  and  Cambodia  should  also  be 
under  the  ministry  of  foreign  affairs,  as  these 
countries  are  still  looked  upon  as  protectorates; 
but  the  colonial  minister  has  obtained  practical 
control  over  them.  The  anomalous  character  of 
their  political  relations  is  indicated  by  the  fact 
that  while  the  colonial  ministry  treats  them  as 
French  territory,  the  Foreign  Office  does  not  admit 
that  they  have  this  quality,  and  hence  does  not 
allow  the  time  of  residence  in  these  protectorates 
to  count  toward  the  acquisition  of  French  citizen- 
ship. 

In  addition  to  all  the  administrative  organs  we 
have  already  noticed,  we  must  at  least  mention 
the  committee  on  colonial  affairs  in  the  Chamber 
of  Deputies  {Groupe  coloniale  de  la  Chambre),  al- 
though, as  we  shall  see  later,  the  parliament  does 
not  interfere  very  much  with  the  colonial  admin- 
istration. Indirectly,  however,  this  committee 
exercises  a  great  influence  over  appointments 
in  the  colonial  civil  service. 

In  Germany,  colonial  business  was  originally 
entirely  under  the  control  of  the  Minister  of  Foreign 
Affairs.     In   1890  a   special  colonial  division,  the 

287 


COLONIAL   GOVERNMENT 

fourth  division  of  the  Foreign  Office,  was  created, 
and  it  was  given  a  considerable  amount  of  inde- 
pendence. The  chief  of  the  division  reports 
directly  to  the  Imperial  Chancellor,  and  is  subject 
to  the  Minister  of  Foreign  Affairs  only  in  so  far  as 
general  politics  and  foreign  relations  are  concerned. 
In  specifically  colonial  affairs  the  division  is,  there- 
fore, practically  co5rdinate  with  the  office  of  which 
it  is  formally  a  part.  The  German  administration 
is,  like  the  French,  assisted  by  a  colonial  council 
{Kolonialrat)  created  in  1890.  This  body  is  ap- 
pointed by  the  Chancellor  of  the  Empire  from 
among  colonial  experts,  and  the  nominees  of  prom- 
inent colonial  associations  and  companies.  Its 
functions  are  purely  consultative,  but  as  it  is  a 
small  body,  having  only  twenty-five  members,  it  is 
far  better  suited  to  its  purpose  than  is  the  much 
larger  council  in  France,  and  it  has  proven  a  valu- 
able adjunct  to  the  German  colonial  office. 

In  Holland  the  crown  enjoyed  the  exclusive  con- 
trol of  colonial  affairs  until  1848.  In  that  year  the 
colonial  office  was  put  in  charge  of  a  member  of  the 
responsible  council  of  ministers,  and  it  has  from 
that  time  to  the  present  had  a  separate  existence. 

The  central  administration  of  colonial  affairs  in 
Great  Britain  is  divided  among  three  of  the  secre- 
tariates of  state.  The  colonies  proper  are,  of 
course,  administered  by  the  Colonial  Office  ;  Indian 
affairs  are  under  the  separate  direction  of  the  Sec- 
retary of  State  for  India  ;  while  the  Foreign  Office 
directs  the  administration  of  the  protectorates,  such 

288 


ORGANS  OF  COLONIAL  GOVERNMENT 

as  Egypt  and  East  Africa.  In  the  Colonial  Office, 
system  and  rules  are  regarded  of  much  less  impor- 
tance than  personality  ;  officials  of  tried  character 
and  experience  are  given  a  great  latitude  of  discre- 
tion, and  settle  conclusively  the  majority  of  cases 
in  their  respective  departments,  so  that,  as  has  been 
said,  in  respect  to  any  colony,  the  "  mother  coun- 
try "  is  generally  synonymous  with  a  chief  clerk  in 
the  Colonial  Office.  There  is  one  parliamentary 
and  one  permanent  under  secretary,  the  latter 
being  in  ordinary  matters  the  head  of  the  office,  as 
he  represents  the  continuity  of  its  policy.  The 
other  grades  of  leading  officials  are  the  first  assist- 
ant secretaries,  seven  principal  clerks,  and  an 
equal  number  of  first-class  clerks.  All  these  per- 
manent officials  are  university  men,  and  they  have 
in  most  cases  entered  the  office  as  second-class 
clerks  after  a  successful  civil  service  examination. 
The  eight  divisions  of  the  Colonial  Office  com- 
prise five  principal  departments,  among  which 
business  is  distributed  according  to  the  geographi- 
cal principle ;  and  the  additional  departments  of 
correspondence,  general  and  financial  affairs,  and 
accounts.  The  division  of  territory  among  the  five 
principal  departments  is  as  follows  :  —     . 

1.  North  American  and  Australian  department. 

2.  West  Indian  department. 

3.  The  Eastern,  Ceylon,  and  Straits  Settlements 
department. 

4.  South  African  department. 

5.  The  department  dealing  with  the  concerns  of 

u  289 


COLONIAL   GOVERNMENT 

St.  Helena,  Sierra  Leone,  Bechuanaland  and  Ba- 
sutoland,  Gambia,  Natal,  Gold  Coast,  Lagos,  and 
Malta. 

The  Colonial  Office  is^atjhe  presentJlme  con- 
sidered  the  most  efficient  part  pj  .the,British  admin- 
istration. It  is  characterized  by  rapidity  of  work, 
simplicity  of  methods,  and  a  feeling  of  esprit  de 
corps  which  binds  all  its  parts  together  and  insures 
their  harmonious  activity. 

In  close  relation  to  the  Colonial  Office  the 
agents-general  of  the  self-governing  colonies  and 
the  crown  agents  perform  their  work.  The  for- 
mer, appointed  and  maintained  by  their  respective 
colonies,  are  virtually  ambassadors  accredited  to 
the  British  government ;  they  are  always  men  of 
social  and  political  importance,  and  they  maintain 
the  dignity  of  the  office  on  a  level  with  the  embas- 
sies of  great  independent  nations.  Their  duties 
are,  in  general,  to  represent  the  varied  interests, 
political  and  economic,  of  their  colony  at  the  capi- 
tal, and  especially  to  assist  in  the  conclusion  of 
financial  and  commercial  arrangements  in  which 
their  colony  is  interested. 

The  financial  and  commercial  affairs  of  the 
crown  colonies  are  looked  after  by  the  crown 
agents,  who  also  were  formerly  employed  by  the 
colonies  themselves,  but  who  have  been  appointed 
by  the  Colonial  Secretary  since  1883,  when  all  the 
crown  agencies  were  united  into  one  organization, 
which  is  under  the  general  supervision  of  the 
secretary,  though  distinct  from  the  Colonial  Office. 

290 


ORGANS  OF  COLONIAL  GOVERNMENT 

The  crown  agents,  at  present  three  in  number, 
who  are  always  men  of  ripe  experience,  have 
gradually  acquired  so  great  a  power  in  colonial 
affairs,  that  their  influence  has  at  some  times  been 
resented  even  by  the  colonies  themselves.  The 
importance  of  their  work  is  shown  by  the  fact 
that  the  present  permanent  under-secretary  of  the 
Colonial  Office  was  appointed  to  this  position  from 
that  of  senior  crown  agent. 

The  official  quarters  of  the  crown  agents  are 
as  large,  their  employees  as  numerous,  as  those  of 
the  Colonial  Office  itself.  Their  business  is  to 
negotiate  government,  municipal,  and  railway  loans 
for  the  crown  colonies ;  to  pay  interest  coupons, 
salaries,  and  pensions  in  Great  Britain ;  to  make 
contracts  for  the  material  and  construction  of  rail- 
ways, hospitals,  prisons,  schools,  and  public  build- 
ings. They  also  prepare  and  print  postage  stamps, 
bank  notes,  and  bonds.  As  the  work  of  the  office 
requires  special  technical  knowledge  on  the  part 
of  the  employees,  the  crown  agents  are  not  bound 
by  the  Civil  Service  Law,  but  are  empowered 
to  select  their  clerks  according  to  their  sound 
discretion. 

The  expenses  of  the  office  are  paid  out  of  com- 
missions —  usually  less  than  one-fourth  of  one 
per  cent  —  on  the  financial  arrangements  and  pur- 
chases effected  by  the  agents. 

The  India  Office  is  the  successor  of  the  "  India 
House"  of  Company  days,  although  it  has  ex- 
changed the   commercial  for  the  purely  political 

291 


COLONIAL   GOVERNMENT 

character.  The  general  policy  of  the  Indian 
Empire  is  fixed,  and  the  most  important  public 
measures  are  inaugurated,  by  this  office.  Its  busi- 
ness is  so  complex  that  it  requires  a  larger  number 
of  employees  than  either  the  Colonial  Office  or 
the  crown  agents. 

The  Secretary  of  State  for  India  is  assisted  by 
the  Council  of  India,  which  is  composed  of  no 
more  than  fifteen  nor  less  than  ten  members,  ap- 
pointed by  the  secretary  himself.  The  majority 
of  these  members  must  have  resided  in  India  for 
at  least  ten  years,  and  their  return  thence  must 
have  been  less  than  ten  years  distant  from  the 
date  of  their  appointment.  They  hold  office  for 
ten  years,  whereas  the  high  officials  in  India  itself 
hold  terms  of  only  half  that  time.  The  council, 
therefore,  represents  the  traditions  of  Indian  policy 
better  than  does  the  Indian  government  itself,  and 
it  is  thus  able  to  assist  the  latter  in  a  most  efficient 
manner.  Every  act  of  the  Secretary  of  State  must 
at  least  be  brought  to  the  notice  of  the  council, 
but  certain  matters  necessitate  the  concurrence 
of  the  majority.  They  are  the  following :  grants 
or  appropriations  of  Indian  revenues  ;  borrowing 
money  in  Great  Britain  on  the  security  of  the 
Indian  income ;  buying,  selling,  or  mortgaging 
Indian  property  and  making  contracts  with  respect 
to  it;  regulating  appointments  to  office  in  the 
Indian  civil  service.  In  all  other  matters  the 
Secretary  of  State  may  act  after  having  merely 
brought   the   measure   to   the   knowledge   of    the 

292 


ORGANS  OF  COLONIAL  GOVERNMENT 

council.  In  case  a  majority  of  the  council  should 
express  their  dissent,  the  secretary  must,  if  he  is 
determined  to  proceed  in  his  course  of  action,  file 
his  special  reasons  for  so  doing. 

The  Foreign  Office  administers  the  affairs  of  the 
British  protectorates,  with  the  exception  of  Cyprus 
and  the  territory  of  the  British  South  Africa  Com- 
pany. The  Indian  protectorates,  however,  are  under 
the  control  of  the  foreign  department  of  the  Indian 
government,  and  through  it  under  the  India  Office. 
It  is  not  to  be  wondered  at  that  the  Foreign  Office, 
which  is  responsible  for  the  entire  external  rela- 
tions of  the  British  Empire,  should  have  but  little 
time  and  energy  left  for  dealing  with  purely  co- 
lonial matters.  Conspicuous  inefficiency  is  com- 
plained of  in  the  administration  of  the  Uganda 
railway.  The  original  estimates  for  this  enter- 
prise were  ;£i, 750,000,  while  the  ultimate  cost  of 
the  railway  was  ;£4,75o,ooo,  a  discrepancy  which 
would  hardly  have  occurred  had  the  matter  been 
under  the  administration  of  an  office  more  di- 
rectly interested.  It  is  a  notable  fact  that  during 
the  last  five  or  six  years  the  most  important  and 
absorbing  foreign  affairs  of  Great  Britain,  the  South 
African  relations,  have  been  managed  through  the 
Colonial  Office ;  while  the  Foreign  Secretary  has 
been  much  busied  with  colonial  matters  in  the 
guise  of  the  affairs  of  British  protectorates. 

The  Department  of  the  Exchequer,  or  the  Treas- 
ury Office,  also  has  some  functions  connected  with 
colonial  government.     The  Colonial  Audit  Branch 

293 


COLONIAL   GOVERNMENT 

of  the  auditing  department  in  the  Treasury  acts  as 
an  inspecting  agency  to  which  colonial  accounts 
have  to  be  submitted.  Great  Britain  has  no  per- 
ambulatory  inspection  of  the  colonial  administra- 
tion. In  certain  colonies,  Hongkong,  Cyprus, 
Sierra  Leone,  and  a  few  others,  auditors  are  sta- 
tioned ;  but  the  main  audit  takes  place  in  the 
Treasury  Department  itself. 

There  are  several  semi-official  institutions  con- 
nected with  British  colonization,  which  it  must 
here  suffice  to  enumerate.  The  Imperial  Insti- 
tute, founded  at  the  time  of  Queen  Victoria's  first 
Jubilee,  and  housed  in  magnificent  quarters  in 
Kensington,  is  an  organization  of  mixed  social, 
political,  and  scientific  character.  It  has  a  library 
on  colonial  matters,  holds  periodical  conferences, 
and  issues  publications.  One  of  its  most  practical 
features  is  a  permanent  exhibition  of  colonial  prod- 
uce and  materials  of  commerce ;  it  also  has  large 
laboratories  in  which  the  mineral  and  agricultural 
products  of  the  colonies  are  subjected  to  various 
tests  and  experiments.  The  Colonial  Institute  is 
an  older  organization.  It  has  some  of  the  features 
of  a  club  for  colonial  residents  and  officials,  but 
its  main  purpose  is  the  furtherance  of  the  study 
and  discussion  of  colonial  problems.  The  Emi- 
grants' Information  Office  was  founded  in  1886. 
It  is  a  small  bureau  which  issues  useful  books 
of  information  on  the  various  colonies  and  also 
gives  advice  directly  to  intending  emigrants  and 
investors. 

294 


ORGANS   OF   COLONIAL   GOVERNMENT 


REFERENCES 

Arnaud  and  Mdray,  Les   Colonies  franqaises.      Paris,  1900. 

pp.  20-34. 
Chesney,  General  Sir  George,  Indian  Polity.     London,  1894. 

Ch.  XXI. 
Colonial  Office  List.     Published  annually  at  London. 
Girault,  A.,  Principes  de  colonisation.     Paris,  1895.      §§  99- 

108. 
Ilbert,  Sir  C.  P.,  The  Government  of  India.     Oxford,  1898. 

Ch.  in. 

India  Office  List.     Published  annually  at  London. 
Leroy-Beaulieu,  P.,   Colonisation  chez  les  peuples  modernes. 

Paris,  1898.     Bk.  II.,  Ch.  IV. 
Noufflard,  Ch.,  "  Quelques  institutions  coloniales  anglaises." 

In  Questions  diplomatiques  et  coloniales.     Vol.  XI. 
Petit,  Edward,  Organisation  des  colonies  franqaises.    Paris, 

1897.     Vol.  L,  pp.  120-200. 
Rougier,  C.  P.,  Precis  de  legislation  et  d''icono?nie  coloniale. 

Paris,  1894.     Bk.  III. 
Strachey,  Sir  John,  India.     London,  1894.     Ch.  V. 
White,  A.,  Efficiency  and  Empire.     London,  190 1 .     Chs.  XI.- 

XV. 


29s 


CHAPTER   XV 

LEGISLATION   FOR   THE   COLONIES 

Having  in  the  last  chapter  considered  the  organ- 
ization of  a  central  colonial  administration,  we  shall 
now  briefly  review  the  methods  of  legislation  for 
colonies,  and  the  manner  in  which  legislative 
power  and  activity  is  divided  among  the  various 
authorities. 

The  French  regime  of  colonial  legislation  goes 
back  to  the  Second  Empire.  By  the  constitution 
of  1852,  the  Senate  was  empowered  to  legislate 
for  the  colonies,  and  in  the  s^natus-considtes  of 
1854  and  of  1866  the  methods  of  legislation  with 
respect  to  Martinique,  Guadeloupe,  and  Reunion, 
at  that  time  called  Les  grandes  Colonies,  were  fixed. 
Although  the  system  has  been  modified  somewhat 
by  subsequent  legislation,  it  still  retains  the  out- 
lines then  adopted.  The  characteristic  feature  of 
the  system  as  applied  to  these  three  islands  is 
that  certain  classes  of  legislation  respecting  them 
must  originate  in  the  Chambers,  and  others  must 
be  embodied  in  a  decree  of  the  council  of  state. 
All  other  French  colonies  are  governed  by  simple 
decree  of  the  head  of  the  state ;  that  is,  although 
in   their   case   also   the   Chambers    may   legislate 

296 


LEGISLATION    FOR  THE   COLONIES 

directly,  there  is  no  topic  of  legislation  which  tran- 
scends the  authority  of  the  executive  acting  by 
simple  decree,  as  long  as  the  parliament  has  not 
settled  a  rule  with  respect  to  it.  This  system  is 
accordingly  called  regime  des  decrets.  In  the 
s^natus-consulte  of  1854  it  was  declared  to  be  the 
intention  of  the  Senate  to  provide  for  the  colonies 
not  yet  placed  under  the  parliamer^tary  regime,  by 
appropriate  legislation.  Such  legislation  has,  how- 
ever, not  ensued  thus  far,  so  that  all  French  de- 
pendencies, with  the  exception  of  the  three  old 
colonies,  are  governed  by  executive  action  through 
simple  decree. 

In  the  French  system  there  are  six  modes  of 
legislation  for  the  colonies :  namely,  laws,  decrees 
of  the  council  of  state,  simple  decrees,  orders  of 
the  colonial  minister  {arreth\  acts  of  the  colonial 
councils,  and  orders  of  the  governors.  Under  the 
conciliar  system  established  for  the  three  old  col- 
onies by  the  s^natics-consiilte  of  1854,  the  follow- 
ing matters  can  be  regulated  only  by  a  law  of 
parliament :  ^  commercial  and  customs  legislation 
(by  the  s^natus-constdte  of  1854  this  was  in  the 
competence  of  the  Chambers,  by  the  sinatiis-con- 
sidte  of  1866  it  was  given  over  to  the  colonial 
councils,  but  in  the  law  of  1892  the  parliament 
has  resumed  control  over  the  commercial  regime), 
status,  property  law,   contracts,   wills,   succession, 

1  Originally  by  a  senatus-consulte ;  the  special  function  of  the 
Imperial  Senate  to  legislate  for  the  colonies  is  now  exercised  by  the 
whole  parliament. 

297 


COLONIAL   GOVERNMENT 

sales,  and  marriage,  —  that  is,  practically  the  entire 
civil  law  with  the  exception  of  procedure.  In 
addition  to  this,  political  rights,  trial  by  jury,  the 
penal  law,  and  the  extent  of  recruitment  in  the 
colonies,  are  fixed  by  parhamentary  legislation. 

By  decree  of  the  council  of  state  the  following 
matters  are  to  be  settled:  judicial  organization, 
cult,  education,  the  mode  of  recruitment,  municipal, 
monetary,  and  administrative  organization. 

A  simple  decree  suffices  to  render  appHcable  in 
the  colonies  any  part  of  the  legislation  already  in 
force  in  the  mother  country.  By  the  same  method 
all  matters  not  otherwise  specially  provided  for 
may  be  settled. 

The  arrets  or  orders  of  the  minister  for  the 
colonies  are  executive  ordinances ;  that  is,  they 
do  not  constitute  a  method  of  general  legislation, 
but  regulate  individual  acts  of  the  local  adminis- 
trations. 

The  orders  of  the  colonial  governors  promulgate 
metropolitan  legislation  in  the  colonies,  carry  out 
the  same,  and  regulate  matters  of  local  administra- 
tion and  police.  The  legislative  authority  of  the 
colonial  councils  under  the  senatiis-consulte  of  1866 
has  already  been  discussed.^ 

The  French  system  of  1854  is  an  interesting 
and  unique  instance  of  an  attempt  to  divide  the 
functions  of  colonial  legislation  among  various 
organs,  according  to  the  importance  of  the  subject- 
matter.  One  great  practical  difficulty  inherent  in 
1  In  Ch.  X. 
298 


LEGISLATION   FOR  THE   COLONIES 

the  system,  is  that  it  leads  to  constant  uncertainty 
as  to  the  validity  of  legislation.  Rules  have  often 
been  established  by  simple  decree  or  by  decree 
in  council,  concerning  which  very  serious  doubts 
have  arisen,  whether  they  should  not  under  the 
law  have  been  settled  by  the  Chambers  them- 
selves. As  the  system  in  its  full  extent  applies 
only  to  the  three  above-mentioned  small  islands, 
it  would  not  be  of  great  importance  were  it  not  for 
the  fact  that  it  furnishes  a  model  and  standard 
of  criticism  in  French  colonial  politics.  Dissatis- 
faction is  constantly  expressed  with  the  fact  that 
most  of  the  colonies  are  under  the  r^ghne  des 
decrets,  and  that  any  law  may  be  imposed  upon 
them  by  the  mere  order  of  the  executive.  M. 
Leroy-Beaulieu  says :  "  It  is  in  many  respects 
an  unreasonable  system.  Its  object  is  to  take 
away  from  the  natural  representatives  of  the  nation 
the  oversight  and  control  of  affairs  which  are  of 
-great  present  and  future  importance  to  the  state ; 
it  is  a  trespass  of  the  executive  power  upon  the 
essential  attributes  of  popular  representation."  ^ 

This  opposition  to  the  system  of  decrees  is 
founded  on  the  feeling  that  the  national  executive 
interferes  too  much  with  colonial  administration  by 
legislating  directly  for  the  various  colonies.  For 
a  solution  of  the  difficulty  most  French  publicists 
look  to  an  increased  amount  of  colonial  legislation 
by  the  Chambers.  It  is,  however,  exceedingly 
doubtful  whether   parliamentary  action  on  these 

1  De  la  Colonisation  chez  les  peuples  moderneSy  p.  830. 
299 


COLONIAL   GOVERNMENT 

matters  would  give  any  relief  to  the  colonies.  The 
ultimate  ideal  of  the  French  with  respect  to  colo- 
nial affairs  is  a  policy  of  assimilation  to  the  mother 
country ;  they  therefore  see  nothing  unreasonable 
or  dangerous  in  an  arrangement,  under  which  the 
ordinary  legislation  for  the  colonies  would  origi- 
nate in  the  national  parliament. 

As  a  matter  of  fact,  there  is  no  body  or  institu- 
tion less  fitted  to  govern  colonial  dependencies 
than  the  home  legislature,  which  lacks  almost  all 
knowledge  of  colonial  conditions  and  looks  at  all 
colonial  questions  from  the  point  of  view  of  party 
politics  within  the  home  country.  The  French 
object  to  a  monopoly  of  colonial  legislative  power 
in  the  hands  of  the  executive;  few  of  them  see 
that  the  better  solution  of  the  difficulty  would  be 
found,  not  in  the  direction  of  added  parliamentary 
interference,  but  in  giving  greater  autonomy  in 
legislative  matters  to  the  local  government  in  the 
respective  colonies.  It  is  there  that  ordinary  colo- 
nial legislation  should  originate,  —  in  councils, 
appointive  or  legislative,  which  are  familiar  with 
local  conditions.  The  colonial  ministry  at  home 
has  its  proper  function  in  guarding  and  supervis- 
ing, but  not  in  originating  and  framing,  this  legis- 
lation ;  and  as  for  parliamentary  interference,  it 
should  but  rarely  take  place,  if  at  all,  and  then 
only  on  questions  of  broad  national  policy  or  of 
the  fundamental  constitution  of  the  colonies. 

Indeed,  there  has  been  Httle  inclination  on  the 
part  of  the  French  Chambers  to  legislate  regularly 

300 


LEGISLATION   FOR  THE   COLONIES 

for  the  colonies.  Colonial  questions  are  discussed 
only  when  the  budget  is  under  review,  or  upon  in- 
terpellation, as  in  the  case  of  the  Martinique  strike 
in  1900.  But  on  this  latter  occasion  the  sociaHst 
deputies,  who  held  the  balance  of  power  and  whose 
sympathies  had  been  worked  upon  by  the  colonial 
representatives,  nevertheless  declined  to  censure 
the  government  for  having  used  troops  against  strik- 
ing laborers ;  but  joined  in  the  vote  of  confidence 
in  the  ministry,  because,  as  one  of  their  number 
said,  they  "  did  not  wish  to  furnish  the  opportunity 
to  some  ambitious  men  for  gathering  up  a  port- 
folio from  the  blood  of  the  laborers  of  Martinique." 
As  a  matter  of  fact,  no  French  cabinet  has  ever 
been  turned  out  of  office  upon  a  colonial  question. 
That  the  power  of  legislation  in  colonial  matters 
has  been  but  rarely  exercised  by  the  French 
Chambers  is  apparent  from  the  fact  that  during 
the  twenty-eight  years  from  1 871  to  1899  only  thirty- 
one  laws  were  passed  relating  specially  to  the 
colonies.  This  does  not  include  the  legislation  for 
Algeria,  which  during  this  same  period  amounted 
to  seventy-nine  laws.  Algeria,  being  regarded  as  a 
part  of  France,  was  given  special  attention  by  the 
Chambers.^  The  following  important  *'  metropoli- 
tan "  laws  have  been  declared  applicable  to  the 
colonies:  in  1881,  the  law  of  the  freedom  of  the 
press;  in  1882,  the  law  concerning  the  election  of 
maires ;  in  1884,  the  municipal  law;  in  1889,  the  law 

1  See  the  list  of  laws  and  public  documents  relating  to  the  colonies, 
in  Revue  politique  et  parlementaire,  XXIV,  198-204. 

301 


COLONIAL   GOVERNMENT 

regulating  recruitment;  in  1892,  the  customs  tariff 
act.  The  current  special  legislation  for  the  French 
colonies  originates  rather  in  executive  decrees  than 
in  parliamentary  acts. 

The  British  ParHament,  while  it  is  of  course 
competent  to  legislate  directly  for  the  colonies, 
uses  this  power  most  sparingly,  and  does  not 
habitually  interfere  with,  or  control  the  details  of, 
colonial  administration.  During  the  years  from 
1880  to  1900,  Parliament  passed  only  forty-seven 
acts  relating  to  the  colonies  and  dependencies; 
and  of  these,  only  eighteen  were  of  such  a  nature 
as  permanently  to  affect  colonial  institutions,  the 
remainder  being  fiscal  or  administrative  regula- 
tions, such  as  the  permission  to  raise  money  for 
the  construction  of  certain  colonial  or  Indian  rail- 
ways. 

There  was,  however,  a  period  in  the  years  be- 
tween 1 89 1  and  1894,  when  there  appeared  a 
strong  inclination  on  the  part  of  Parliament  to 
criticise  the  Indian  government  and  to  interfere 
with  its  administration :  resolutions  were  passed, 
commissions  of  inquiry  appointed,  and  several 
measures  of  legislation  were  adopted,  looking 
toward  a  more  direct  control  of  Indian  affairs. 
Mr.  Gladstone,  in  his  speech  of  April  25,  1892, 
defined  the  position  of  ParHament  in  this  matter 
as  follows :  '*  While  it  is  not  our  business  to  pro- 
vide machinery  for  the  purposes  of  the  Indian 
government,  it  is  our  business  to  give  to  those  who 
represent  Her  Majesty  in  India  ample  information 

302 


LEGISLATION   FOR  THE   COLONIES 

as  to  what  we  believe  to  be  sound  principles  of 
government;  but  the  choice  of  measures  we  should 
leave  to  their  discretion."  Resolutions  calling  for 
a  certain  course  of  action  on  the  Hquor  problem,  the 
prevention  of  contagious  diseases,  and  the  opium 
traffic  were  passed  during  this  period.  Parliamen- 
tary commissions  were  appointed  to  investigate  the 
manner  of  deaUng  with  contagious  diseases,  the 
revenues,  currency,  and  expenditure  in  India.  In 
1 894  the  Indian  government  was  severely  criticised 
on  the  basis  of  the  report  of  the  Opium  Commis- 
sion. The  attempt  was  also  often  made  to  embar- 
rass the  government  by  the  asking  of  questions  in 
the  House  relative  to  the  conduct  of  Indian  affairs. 
None  of  these  methods  succeeded,  however,  in 
making  a  strong  impression  upon  the  Indian  ad- 
ministration ;  it  was  felt  that  a  question  of  this 
kind  would  not  be  made  the  basis  of  a  test  vote  in 
Parliament.  The  interpellations  were,  therefore, 
in  most  cases  answered  evasively ;  the  resolutions 
were  respectfully  received  and  promptly  filed  away 
in  the  archives,  and  the  commission  reports  aroused 
but  little  attention.  Thus  a  resolution  passed  by 
Parliament  that  the  examinations  for  the  Indian 
civil  service  should  be  held  not  only  in  England, 
but  also  in  India,  has  been  completely  ignored  by 
the  Indian  government. 

During  the  last  decade  the  British  Parliament 
has  legislated  directly  for  India  in  the  following 
cases:  the  Indian  Councils  Act  of  1892,  the  act 
of  1 893-1 894  abolishing  the  residential  armies  in 

303 


COLONIAL  GOVERNMENT 

Madras  and  Bombay,  the  British  Indian  Loan  Act 
of  the  same  year,  the  act  of  1894,  enabUng  Indian 
railways  to  pay  interest  out  of  the  capital  during 
construction,  the  act  of  1897  concerning  a  widows' 
fund,  an  act  of  the  same  year  defining  certain 
rights  to  superannuation  allowances  in  the  Indian 
civil  service,  and  the  Loan  Act  of  1898.  Only  the 
first  two  of  these  were  general  laws,  the  others 
being  merely  administrative  measures.  The  Ind- 
ian budget  is  always  reported  to,  and  acted  upon 
by,  Parliament.  As  this  is,  however,  usually  done 
in  the  expiring  hours  of  the  session,  little  thorough 
discussion  can  be  had.  The  interference  of  Par- 
liament with  Indian  affairs,  notwithstanding  its 
infrequence,  has  at  times  been  of  such  a  nature 
as  to  arouse  serious  criticism.  This  is  true  espe- 
cially concerning  the  removal  of  the  Indian  cotton 
duties  against  local  and  native  opinion,  and  the 
retention  of  the  silver-plate  tax. 

With  the  exception  of  a  few  instances  of  ill- 
advised  interference,  the  British  Parliament  has  in 
general  acted  in  such  a  manner  as  to  avoid  the 
danger  pointed  out  by  John  Stuart  Mill  in  the 
following  passage :  **  To  govern  a  country  under 
responsibility  to  the  people  of  that  country,  and 
to  govern  one  country  under  responsibility  to  the 
people  of  another,  are  two  very  different  things. 
What  makes  the  excellence  of  the  first  is  that 
freedom  is  preferable  to  despotism ;  but  the  last 
is  despotism.  The  only  choice  the  case  admits  is 
a  choice  of  despotisms,  and  it  is  not  certain  that 

304 


LEGISLATION   FOR  THE   COLONIES 

the  despotism  of  twenty  millions  is  necessarily 
better  than  that  of  a  few  or  one,  but  it  is  quite 
certain  that  the  despotism  of  those  that  neither 
hear,  nor  see,  nor  know  anything  about  their  sub- 
jects, has  many  chances  of  being  worse  than  of 
those  who  do." 

Subject  to  the  power  of  Parliament,  the  crown 
has  authority  to  legislate  for  the  colonies  and  de- 
pendencies by  Order  in  Council ;  this  right  of  the 
crown,  however,  ceases  to  exist  after  the  establish- 
ment of  legislative  assemblies  within  a  colony,^  and 
with  the  exception  of  the  newly  acquired  posses- 
sions in  Africa  and  Oceanica,  it  is  now  but  rarely 
exercised.  The  ordinary  method  employed  in 
British  colonial  government  is  to  allow  legislation 
to  originate  in  the  various  colonies,  so  that,  al- 
though its  substance  may  be  suggested  by  the 
secretary  of  colonies  to  the  governor  by  an  order, 
the  formal  legislative  process  takes  place  in  the 
colony  itself.  This  system  has  the  great  advan- 
tage that  measures  of  legislation  are  discussed  and 
voted  upon  by  representative  colonial  officials  and 
residents,  who  are  naturally  more  familiar  with 
local  conditions  than  are  the  officials  at  home. 
The  Colonial  Secretary  may,  of  course,  use  his 
power  to  force  certain  measures  of  legislation 
upon  a  colony,  but  he  could  not  permanently  pur- 
sue a  policy  which  would  run  counter  to  the  opin- 
ion and  the  experience  of  the  local  officials  and 
men  of  representative  character. 

1  See  Chapter  X. 

X  305 


COLONIAL   GOVERNMENT 

The  ordinary  legislation  for  the  Indian  Empire 
originates  with  the  provincial  legislative  councils 
and  with  the  council  of  the  governor-general. 
This  legislation  is,  however,  reviewed,  revised,  and 
given  its  final  sanction  by  the  Secretary  of  State 
for  India  in  council,  who  was  given  this  power  by 
the  act  of  1858.  When  a  measure  has  been  ap- 
proved by  him,  it  cannot  thereafter  be  disallowed 
by  resolution  of  Parliament ;  for  this  purpose  a 
special  act  repealing  it  would  be  necessary.  Of 
late  there  has  been  a  tendency  on  the  part  of  the 
Secretary  of  State  to  interfere  more  with  the  Ind- 
ian government  than  was  formerly  the  custom. 
He  has  attempted  to  initiate  legislation  and  to 
force  it  upon  the  Indian  administration,  contrary 
to  the  judgment  of  the  latter,  as  in  the  case  of  the 
Indian  Cantonment  Act.  The  Secretary  of  State 
has,  moreover,  also  taken  the  unusual  course  of 
overriding  the  unanimous  opinion  and  advice  of 
his  own  council. 

Colonial  autonomy  as  it  exists  in  the  English 
colonies  does  not  mean  that  there  must  exist  popu- 
larly elected  assemblies  with  full  legislative  powers, 
but  that  habitually,  and  as  a  matter  of  ordinary 
practice,  a  wide  latitude  is  given  to  the  local  gov- 
ernors and  their  councils  to  deal  with  affairs  under 
their  charge,  according  to  their  sound  discretion. 
More  than  any  other  government,  the  British  gives 
free  reign  to  the  initiative  of  trusted  local  admin- 
istrators and  avoids  embarrassing  them  with  rigid 
orders  or  detailed  instructions,  which  would  often 

306 


LEGISLATION   FOR  THE   COLONIES 

prove  an  impediment  to  vigorous  and  expeditious 
action.  The  home  government  uses  its  knowledge 
and  experience  so  as  to  warn  its  servants  against 
dangerous  measures  of  policy,  rather  than  to  im- 
pose a  settled  system  of  action  by  minute,  antici- 
pative  rules  and  instructions. 

Legislation  for  the  Dutch  East  Indies  may 
originate  in  three  •  ways :  either  by  law  of  the 
States-General,  by  royal  decree,  or  by  ordinance  of 
the  governor-general.  The  States-General,  which 
obtained  the  right  to  legislate  on  colonial  affairs  in 
1848,  have  since  then  shown  a  constant  interest  in 
colonial  administration,  though  they  have  abstained 
from  frequent  direct  interference.  The  most  impor- 
tant colonial  law  passed  by  them  is  the  Regeerings- 
Reglement  (Government  Regulations)  of  1854. 
This  is  virtually  a  colonial  constitution,  or  code,  — 
the  most  successful  attempt  ever  made  to  state  the 
cardinal  principles  of  colonial  government  in  one 
legislative  act.  Though  amended  in  a  few  details, 
it  still  remains  the  basis  of  the  Dutch  colonial 
administration.  Two  other  measures  of  great 
importance  are  the  law  of  1870,  which  provided  for 
the  gradual  abolishment  of  the  government  sugar 
culture,  and  the  so-called  Law  of  Accountability 
(Comptabiliteitswet)  of  1864.  In  accordance  with 
the  provisions  of  the  latter,  the  Indian  budget  is 
annually  fixed  by  the  States-General ;  and  Art.  129 
of  the  Regulations  prescribes  that  the  tariff  upon 
imports  and  exports  must  also  be  established  by 
law.     All  matters  which  have  not  been  settled  by 

307 


COLONIAL   GOVERNMENT 

law  of  the  States-General  may  be  regulated  by- 
royal  decree,  in  the  form  of  instructions  to  the 
governor-general ;  but  the  ordinances  of  the  latter 
are  the  main  source  of  the  rules  and  provisions  by 
which  the  course  of  administration  and  government 
in  the  East  Indies  are  determined. 

The  experience  of  both  France  and  England 
shows  that  colonies  cannot  be  profitably  legislated 
for  directly  by  the  parliament  of  the  mother  coun- 
try. The  control  of  colonial  administration  will, 
in  the  nature  of  the  case,  be  almost  entirely  in  the 
hands  of  the  executive,  and  while  it  is  likely  that 
with  an  increasing  knowledge  of  colonial  matters 
parliaments  may  hereafter  be  able  to  exercise  a 
more  intelligent  control,  they  should  still  abstain  as 
much  as  possible  from  positive  regulation.  The 
prime  need  of  a  sound  system  of  colonial  politics 
is  a  recognition  of  the  fact  that  the  colonies  should 
be  given  as  complete  autonomy  as  possible,  and 
that  there  should  be  no  attempt  to  force  their  laws 
and  institutions  into  an  artificial  agreement  with 
those  of  the  mother  country.  A  large  colonial 
empire  should  embrace  a  great  variety  of  insti- 
tutions ;  and  within  any  given  colony  the  selection 
of  proper  laws  should  be  made  primarily  by  men 
directly  familiar  with  the  situation,  that  is,  by  rep- 
resentative councils,  either  elective  or  appointed  by 
the  executive.  As  the  representative  of  tradition 
and  experience,  the  home  office  should  be  of 
great  value  to  the  various  colonial  governments, 
but  this  advantage  would  be  seriously  impaired  by 

308 


LEGISLATION   FOR  THE   COLONIES 

an  attempt  to  enforce  metropolitan  ideas  through- 
out the  empire.  In  the  case  of  some  tropical  col- 
onies, notably  in  India,  the  duties  of  government 
have  been  found  so  wearing  and  exhausting  that 
the  governors  and  other  high  administrative  offi- 
cials are  not  permitted  to  hold  office  for  a  long 
time.^  In  a  case  like  this  the  home  office  or  coun- 
cil is  of  special  value  in  preserving  traditions  and 
precedents,  and  acting,  as  it  were,  as  the  memory 
and  experienced  judgment  of  the  administration. 

Much  has  been  said  about  the  importance  of 
having  the  colonies  ruled  in  accordance  with  pub- 
lic opinion.  In  analogy  to  Mill's  statement,  we  may 
say  that  it  makes  all  the  difference  in  the  world 
whether  the  public  opinion  is  that  of  the  colony  or 
that  of  the  mother  country.  The  rule  of  public 
opinion  is  a  delicate  and  indefinite  matter,  even  in 
home  politics,  and  while  it  will  remain  the  ideal 
of  political  action  in  any  well-constituted  state,  in 
colonial  politics  we  must  not  expect  too  much  of 
it.  In  other  words,  we  cannot  with  confidence 
expect  that  because  public  opinion  at  home  has 
high  purposes  and  noble  aims,  its  interference 
with  colonial  affairs  will  assure  good  government ; 
for  it  is  impossible  that  any  society  should  realize 
the  conditions  of  another  social  stage  sufficiently 
well  to  formulate  institutions  adapted  to  the  latter. 
Public  opinion  will,  therefore,  unconsciously  trans- 
fer home  conditions  to  the  colonies  and  apply 
home   standards   to  colonial  government.     Thus, 

1  In  India,  five  years. 


COLONIAL   GOVERNMENT 

what  European  or  American  nation  would  not 
indorse  the  regime  of  individual  property,  the 
strict  enforcement  of  contracts,  trial  by  jury,  and 
the  right  of  appeal  ?  And  yet  many  institutions 
such  as  these,  which  seem  essential  to  our  political 
and  civil  Ufe,  may  be  actually  detrimental  when 
applied  in  some  other  social  organization,  as  is 
shown  by  the  experience  of  the  British  in  India. 
The  success  of  a  nation  as  a  colonizing  power  is 
dependent,  therefore,  not  so  much  on  the  abstract 
value  of  its  own  institutions,  nor  upon  the  excellence 
of  its  general  intentions,  as  upon  the  character 
and  ability  of  the  men  whom  it  sends  out  to 
administer  colonial  government,  and  the  manner  in 
which  it  permits  these  men  to  adapt  their  official 
action  to  local  needs. 

REFERENCES 

Anson,  Sir  W.  R.,  Law  and  Custom  of  the  Constitution. 
Oxford,  1892.     Pt.  IL,  pp.  249  sq. 

Case  of  Powell  vs.  Apollo  Candle  Co.  Law  Reports,  10  Ap- 
peal Cases  282. 

Chesney,  General  Sir  George,  Indian  Polity.  London,  1894. 
Ch.  XXIL 

Girault,  A.,  Principes  de  colonisation  et  de  legislation  coloniale, 
Paris,  1895.     Pt.  II.,  Ch.  III. 

Hansard's  Parliamentary  Debates.     April  25,  1892. 

Isaac,  A.,  Constitution  et  sinatus-cojisultes.     Paris,  1887. 

Loutcr,  J.  de,  Staats-  en  Administratief  Recht.     pp.  158  sq. 

Mills,  A.,  Colonial  Constitutions.     London,  1856. 

Rougier,  J.  C.  P.,  Pricis  de  Ugislation  et  d'^konomie  coloniale^ 
Paris,  1895.     Livre  III. 


310 


CHAPTER  XVI 

INSTITUTIONS    OF    GOVERNMENT    IN    THE    COLONIES 

The  British  policy  with  respect  to  colonial 
administration  is  to  allow  the  concentration  of 
power  and  of  responsibility  in  the  person  of  the 
governor,  together  with  a  large  measure  of  actual 
administrative  decentralization  within  the  colony. 
In  other  words,  while  the  governor  of  a  colony  is 
given  the  legal  power  to  control  all  departments  of 
the  administration,  as  a  matter  of  fact  there  is 
rarely  any  disposition  on  his  part  to  interfere  with 
the  functions  of  subordinate  officials  and  boards, 
as  long  as  their  administration  is  efficiently  con- 
ducted. The  relation  between  the  governor  and 
his  subordinates  is  very  similar  to  that  between  the 
home  authorities  and  the  governor ;  it  is  not  ex- 
pressed in  the  form  of  minute  regulations,  fore- 
stalling every  possible  contingency,  but  rather  in 
a  readiness  of  the  superior  officials  to  allow  their 
subordinates  to  take  the  initiative  wherever  possi- 
ble, and  to  confine  themselves  to  assisting  them  by 
a  moderating  advice.  The  system  employed  by  the 
Dutch  is  very  similar  to  this,  but  the  French  have 
extended  their  ideas  of  centralization  and  concen- 
trated authority  to  local  colonial  affairs.  Not  only 
3" 


COLONIAL   GOVERNMENT 

is  the  governor  of  a  French  colony  merely  the 
agent  of  the  central  government,  controlled  in  all 
his  movements  by  detailed  directions  issuing  from 
the  colonial  office ;  but  his  subordinates  are  kept 
by  him  in  turn  under  constant  supervision  and 
control,  and  have  all  their  movements  specifically 
prescribed  by  orders  from  above.  As  the  French 
governors,  moreover,  are  not  given  an  opportunity 
thoroughly  to  identify  themselves  with  the  life  and 
interests  of  any  one  colony,  but  are  transferred  to 
a  new  post  every  few  years,  they  have  but  rarely 
developed  that  grasp  of  the  local  situation,  that  in- 
dependence of  character,  and  that  power  of  origi- 
nation and  initiative,  which  has  so  distinguished 
the   British  colonial  service. 

In  his  administration  of  colonial  affairs  the  gov- 
ernor is  usually  assisted  by  an  executive  council,  to 
which  there  is  added  in  many  cases  a  legislative 
body.  In  all  but  the  self-governing  colonies,  and 
the  few  small  and  unimportant  colonies  with  repre- 
sentative assemblies,  these  councils  are  purely 
consultative  or  advisory,  and  the  governor  may  over- 
ride their  conclusions  whenever  in  his  judgment 
they  would  not  subserve  the  public  welfare.  How- 
ever, in  the  ordinary  course  of  colonial  administra- 
tion it  very  rarely  happens  that  the  governor 
refuses  to  give  due  weight  to  the  opinions  of  the 
men  who  are  at  the  head  of  the  various  adminis- 
trative departments  of  the  colonial  government,  and 
of  the  other  representative  men  who  compose  the 
council.     In  most  instances  there  will,  therefore, 

3T2 


INSTITUTIONS  OF   GOVERNMENT 

be  efficient  cooperation  between  governor  and  coun- 
cillors, with  very  little  friction.  The  council  is 
valuable,  especially  to  new  governors,  in  putting 
them  in  touch  with  local  affairs;  but  also  more 
experienced  governors,  even  though  they  may  at 
times  show  autocratic  inclinations,  will  usually  be 
glad  to  repose  upon  the  advice  of  trained  adminis- 
trators. 

The  departments  of  the  central  government  in 
India  are  seven  in  number  ;  namely,  foreign  affairs, 
finance  and  commerce,  revenue  and  agriculture, 
public  works,  legislation,  and  military  affairs.  The 
heads  of  these  departments  form  the  council  of  the 
governor-general,  the  foreign  department  being 
under  his  own  personal  direction.  We  have 
already  seen  in  what  manner  this  council  is  en- 
larged for  the  purpose  of  doing  legislative  work. 
The  departments  of  the  government  of  Java  are 
five  in  number,  —  finance  ;  pubHc  instruction,  indus- 
tries and  worship  ;  justice  ;  public  works ;  and  the 
department  of  the  interior.  The  directors  of  these 
departments  compose  the  council  of  the  governor, 
which  must,  however,  be  distinguished  from  the 
Council  of  the  Indies,  described  above.  The 
departments  of  the  army  and  navy  are  under 
the  control  of  their  respective  commanding  officers. 
The  administration  of  Indo-China  is  also  divided 
among  five  head  officials,  —  the  commandants  of 
the  army  and  of  the  navy,  the  secretary-general, 
the  chief  of  the  judiciary,  and  the  director  of  cus- 
toms and  excise.     It  will  have  been  noted  that  in 

3^3 


COLONIAL   GOVERNMENT 

the  organization  of  British  and  Dutch  colonial  gov- 
ernment special  attention  is  given  to  the  productive 
side  of  the  administration,  that  is,  to  commerce, 
agriculture,  and  public  works ;  while  in  the  prin- 
cipal French  Oriental  colony  all  these  branches 
are  represented  under  the  head  of  the  general 
secretariate. 

The  question  of  administrative  decentralization 
is  important,  especially  when  we  have  to  deal  with 
large  colonies  or  dependencies,  like  India,  Indo- 
China,  or  Java.  With  respect  to  India,  the  Eng- 
lish government  for  a  long  time  pursued  a  policy 
of  centralization,  due  to  the  exigencies  of  a  new 
government  among  hostile  races,  where  rapid  and 
uniform  action  was  essential.  But  since  British 
rule  has  become  more  firmly  established  in  India, 
certain  powers  of  government  have  gradually  been 
distributed  among  the  local  authorities.  This 
policy  has  been  in  the  ascendant  since  1872,  when 
the  first  step  in  financial  decentralization  was  taken. 
Under  the  arrangement  which  is  called  the  "  pro- 
vincial contract,"  a  certain  portion  of  the  excise 
and  the  land  taxes,  of  the  assessed  taxes,  of  the 
stamp  duties,  and  of  the  forest  revenue,  are  admin- 
istered by  the  provincial  governments.  Thus  in 
the  fiscal  year  1899  to  1900,  out  of  a  net  revenue 
of  jC40,g86,6gS,  there  was  allotted  for  expendi- 
ture by  the  provincial  governments  the  sum  of 
;£i 2,337,486.  Any  surplus  which  can  be  netted  by 
a  careful  administration  of  their  taxes,  is  under  the 
control  of  the  provincial  governments,  and  may  be 

3U 


INSTITUTIONS   OF   GOVERNMENT 

expended  by  them ;  but  the  rate  of  taxation  itself 
is  fixed  by  the  governor-general  in  council.  It  is 
now,  in  general,  the  settled  policy  of  the  central 
government  to  avoid  interfering  with  the  provincial 
authorities  in  matters  intrusted  to  their  adminis- 
tration. The  decentralization  movement  of  the 
last  thirty  years  has,  however,  profited  not  only 
the  provincial  governments,  but  also  the  district 
magistracies,  which  have  gradually  attained  a  most 
important  position  in  the  organism  of  the  Indian 
government. 

In  order  more  fully  to  understand  the  policy  of 
decentralization  as  appHed  to  India,  we  shall  have 
to  consider  somewhat  in  detail  the  powers  of  the 
provincial  governments  and  legislative  councils,  of 
the  district  officers,  and  of  the  boards  for  the  man- 
agement of  municipal  and  local  affairs. 

A  large  field  of  administration  and  legisla- 
tion is  open  to  the  governments  of  the  Indian 
provinces;  through  ordinances  of  the  governor 
and  enactments  of  the  legislative  council,  the  or- 
dinary course  of  administration  and  the  ordinary 
legal  relations  within  the  province  are  settled. 
But  the  central  government  of  India  has  reserved 
to  itself  the  legislative  action  which  affects  the  gen- 
eral interests  of  the  whole  Indian  Empire.  The 
provincial  governors  and  councils,  therefore,  are 
not  empowered  to  make  any  laws  or  ordinances, — • 

I.  Affecting  the  public  debt  of  India,  or  the 
customs  duties,  or  any  tax  or  duty  imposed  for  the 
general  service  of  the  Indian  government ; 

315 


COLONIAL   GOVERNMENT 

2.  Regulating  the  coinage  or  currency ; 

3.  Regulating  the  conveyance  of  letters,  or  of 
telegraphic  messages  ; 

4.  Altering  in  any  way  the  Indian  penal  code 
of  i860; 

5.  Affecting  the  religion  or  religious  rites  and 
usages  of  any  class  of  Her  Majesty's  subjects  in 
India ; 

6.  Affecting  the  discipline  or  maintenance  of 
any  part  of  the  military  or  naval  forces ; 

7.  Regulating  patents  and  copyrights ; 

8.  Affecting  the  relations  of  the  Government 
with  the  native  princes  or  states.^ 

While  the  governor-general  of  India  may,  at  any 
time,  through  orders  addressed  to  the  provincial 
governors,  direct  their  course  of  action,  the  amount 
of  interference  from  this  source  is  in  ordinary 
affairs  very  limited,  and  the  central  government 
confines  itself  generally  to  the  matters  enumerated 
above. 

The  Indian  provinces  are  divided  into  districts, 
which  vary  greatly  in  size,  but  average  about  4000 
square  miles  with  900,000  inhabitants.  This  divi- 
sion is  the  unit  of  Indian  administration,  and  the 
officials  at  the  head  of  the  districts  are  the  most 
important  constituent  element  of  the  British  ad- 
ministration, as  they  come  into  direct  contact  with 
the  native  population,  and  have  to  solve  on  the 
spot  a  multitude  of  the  most  intricate  administra- 

1  The  Indian  Councils  Act  of  1861.  (24-25  Vict.,  Chap.  67, 
Sect.  43.) 

316 


INSTITUTIONS   OF   GOVERNMENT 

tive  and  legal  questions.  These  officials  are  known 
under  the  title  of  "  collector-magistrate,"  except  in 
the  old  non-regulation  provinces/  where  they  take 
the  title  of  "  deputy  commissioner  " ;  in  popular 
language  they  are  simply  called  **  district  officer." 
The  duties  of  the  office  are  of  a  threefold  character ; 
they  embrace  {a)  fiscal  administration  —  the  levy 
and  collection  of  revenue ;  (J?)  general  administra- 
tion—  the  care  of  police,  roads,  sanitation,  educa- 
tion, water  supply,  public  buildings,  and  other 
local  matters ;  and  {c)  jurisdiction  in  criminal  and 
fiscal  cases.  Much  in  the  fashion  of  a  mediaeval 
king,  the  district  magistrate  travels  about  his 
realm,  holding  court  wherever  he  may  find  himself, 
amidst  crowds  of  native  suitors  and  officials  of  sub- 
ordinate position.  In  the  course  of  a  day  he  may 
have  to  formulate  decisions  and  take  action  in 
every  possible  matter  of  local  government,  from 
the  trial  of  a  criminal  assault  to  the  review  of  tax 
assessments  and  the  enforcement  of  important 
governmental  decrees.  The  natives  have  become 
accustomed  to  look  upon  the  district  officer  as 
their  Providence. 

It  is  certainly  true  that  the  strength  of  the 
British  government  in  India  depends  very  much 

1  Non-regulation  provinces  were  those  regions  of  India  for  which 
laws  could  be  made  by  executive  order,  while  in  the  regulation 
provinces,  Madras,  Bombay,  the  Northwest  Provinces,  and  Bengal, 
methods  of  legislation  had  to  conform  to  the  Charter  Acts.  The 
distinction  is  now  obsolete  with  respect  to  the  older  provinces,  ex- 
cept for  a  few  incidental  purposes  such  as  the  nomenclature  given 
above. 


COLONIAL   GOVERNMENT 

on  the  character,  judgment,  and  experience  of  the 
district  officers.  They  must  possess  the  instincts 
of  rulership,  because  in  the  many  intricate  matters 
which  they  are  called  upon  to  settle  during  a  day's 
work  they  cannot  hope  to  be  guided  entirely  by  a 
knowledge  of  precedent;  they  must  decide  on  the 
spur  of  the  moment,  and  the  only  guarantee  that 
their  action  will  be  reasonable  and  expedient  must, 
therefore,  be  sought  in  their  character  and  train- 
ing. The  central  government  has  been  careful  not 
to  dwarf  their  personality  by  petty  supervision  and 
detailed  instruction;  it  has  allowed  them  to  de- 
velop to  the  full  their  power  of  originality  and 
initiative,  —  a  fact  to  which  the  great  flexibility  of 
the  Indian  administration  and  its  adaptability  to 
the  varying  local  conditions  throughout  the  em- 
pire is  chiefly  due.  While  a  district  officer  is  given 
great  power,  he  is  also  held  strictly  responsible  for 
the  results  of  his  administration,  and  the  least 
sign  of  corruption  or  inefficiency  would  immedi- 
ately cause  his  recall  and  the  end  of  his  official 
career.  In  its  efforts  to  secure  capable  officials 
and  honest  administration,  the  government  trusts 
more  to  character  already  manifested  before  the 
appointment  is  made,  than  to  any  checks  upon  the 
officer  when  in  power. 

Like  the  English,  the  Dutch  have  also  in  their 
eastern  possessions  followed  the  policy  of  relying 
implicitly  upon  the  character  of  the  officials  who 
act  as  their  local  representatives,  and  of  giving 
them  a  great  latitude  of  discretionary  power.     It 

318 


INSTITUTIONS   OF   GOVERNMENT 

has  been  their  uniform  practice  to  support  the 
local  officials,  and  not  to  degrade  them  in  the  eyes 
of  the  people  whom  they  are  set  to  govern,  by 
making  them  painstakingly  subservient  to  the 
central  authority.  While  the  governor-general  of 
Java  is  legally  almost  an  absolute  monarch,  con- 
trolling the  movements  and  actions  of  all  the  pub- 
Uc  servants  within  the  island,  he  does  not  use  this 
power  in  such  a  way  as  to  interfere  with  the  sound 
discretion  of  the  local  officials.  A  resident,  or 
assistant  resident,  will  be  given  a  good  deal  of 
scope  in  his  actions,  in  order  that  he  may  adapt 
himself  and  his  administration  to  local  conditions. 
The  very  fact,  of  course,  that  the  native  authori- 
ties have  everywhere  been  retained,  and  that  the 
administration  is  carried  on  through  them  and 
not  directly  by  the  residents,  is  itself  a  mark  of 
the  decentralizing  policy  of  the  Dutch  govern- 
ment. 

The  French,  as  has  already  been  indicated,  have 
not  utilized  the  possibilities  of  individual  initiative 
in  colonial  government  to  an  adequate  extent.  It 
is  true  that  the  original  expansion  of  the  French 
colonial  possessions  was  due  very  largely  to  indi- 
vidual enterprise ;  but  as  soon  as  the  government 
has  fixed  itself  upon  a  certain  territory,  there  is  put 
into  operation  a  regime  of  d^crets  and  arret^s,  by 
which  the  central  administration  binds  the  hands 
of  the  colonial  governor,  and  he  in  turn  shackles 
every  free  movement  of  the  local  authorities.  It 
must,  however,  be  said  that  the  French  have  also 

319 


COLONIAL  GOVERNMENT 

at  times  adopted  decentralizing  measures,  and  that, 
especially  within  the  last  few  years,  they  have 
come  to  lay  some  stress  upon  local  initiative.  As 
indications  of  this  we  may  cite  the  creation  of 
colonial  councils  and  of  communes  in  most  of  the 
colonies.  Nevertheless,  as  far  as  the  adminis- 
trative officials  are  concerned,  a  spirit  of  self-reli- 
ance has  never  been  fostered.  The  influence  has 
rather  been  in  the  opposite  direction,  causing  the 
local  officials  in  every  case  to  look  for  instructions 
from  above ;  while,  on  the  other  hand,  the  central 
authorities  endeavor  to  foresee  every  possible  con- 
tingency, and  to  provide  therefor  by  detailed  regu- 
lations. 

The  number  of  officials  varies  greatly  with  the 
different  nations  and  under  the  different  systems 
of  colonial  government.  The  French,  who  estab- 
lish direct  administration  as  soon  as  possible,  have 
relatively  the  largest  colonial  civil  service ;  the 
British  crown  colonies,  too,  are  rich  in  clerkships. 
But  the  dependencies  that  take  the  form  of  protec- 
torates employ  a  comparatively  small  number  of 
European  administrators.  A  striking  comparison 
may  be  made  between  Cochin  China  and  Java. 
The  former  country  has  only  a  little  over  two  mil- 
lion inhabitants,  the  latter  almost  twenty-eight 
millions.  The  numbers  of  the  European  officials 
in  these  two  colonies  bear  a  ratio  of  i  to  5400 
of  the  population  in  Java,  and  i  to  1430  of  the 
population  in  Cochin  China;  they  compare  as 
follows :  — 

320 


INSTITUTIONS   OF   GOVERNMENT 


General  civil  service,  higher  officials  . 

Judiciary 

Land  survey  service 

Lower  officials 


The  Indian  civil  service  is  divided  into  the 
covenanted  or  imperial,  and  the  provincial  civil 
service.  The  former  derives  its  name  from  the 
fact  that  upon  appointment  to  it  the  officials  are 
required  to  sign  a  contract,  containing  an  enumer- 
ation of  their  general  duties.^  This  service  is 
entered  through  an  examination  held  in  London, 
which  is  open  also  to  natives  of  India,  though 
but  few  of  them  have  taken  it.  All  the  more 
important  officials,  with  the  exception  of  the 
governors  and  members  of  the  councils,  must  be 
appointed  from  among  the  members  of  the  cove- 
nanted service.  This  at  present  comprises  about 
eight  hundred  positions,  —  a  small  number  when 
we  consider  the  vast  population  of  India.  The 
provincial  civil  service  in  India  is  recruited  almost 
entirely  from  among  the  natives,  by  means  also 
of  state  examinations  which  are,  however,  held  in 
India ;  numerically  it  exceeds  the  covenanted  ser- 
vice many  times. 

The  civil  service  in  the  French  colonies  is  com- 
posed of  three  elements :  the  general  colonial 
officials,    dependent   directly   on   the    ministry   of 

1  The  form  is  given  in  Ilbert,  The  Government  of  India^  p.  593. 
Y  321 


COLONIAL   GOVERNMENT 

colonies,  the  officials  who  are  lent  for  a  time 
by  the  various  other  departments  of  the  French 
government,  and  who  continue  in  a  certain  depen- 
dence upon  them,  and  the  purely  local  officials. 
By  the  senatus-coiisiilte  of  1866  the  expenses  of 
protection  and  sovereignty  were  assumed  by  the 
mother  country,  and,  consequently,  the  personnel 
engaged  in  the  general  administration  remained 
directly  dependent  upon  the  home  authorities,  and 
their  salaries  were  paid  largely  by  the  national 
treasury.  As  France  has  now  entered  upon  the 
policy  of  requiring  her  colonies  to  be  self-support- 
ing, it  follows  that  the  distinction  between  the 
various  branches  of  the  colonial  service  will  become 
less  marked  and  will  gradually  disappear.  The 
officials  of  the  second  class  above  mentioned  retain 
their  rank  and  pension  rights  in  the  department  by 
which  they  were  lent  to  the  colonial  service ;  they 
may  even  be  advanced  in  ''  metropolitan  "  rank  by 
the  home  ministry,  independent  of  their  colonial 
position.  This  double  dependence,  or  rather  this 
dependence  of  officials  upon  authorities  other  than 
those  under  whom  they  are  at  the  time  working, 
is  open  to  much  criticism.  The  rates  of  payment 
of  colonial  officials  are  higher  than  in  the  relatively 
similar  positions  in  the  **  metropolitan "  service ; 
a  fourth  or  a  fifth  {le  quart,  le  quint  colonial)  is 
added  to  the  salary  paid  in  France  when  an  offi- 
cial accepts  a  colonial  appointment. 

While  the  manner  of  making  appointments  to 
the  colonial  civil  service  is  a  question  rather  of 

322 


INSTITUTIONS   OF   GOVERNMENT 

administration  than  of  colonial  institutions,  still,  it 
has  some  aspects  which  ought  to  be  at  least  noted 
in  passing.  The  method  of  granting  admittance 
to  the  colonial  civil  service  through  state  examina- 
tions is  used  in  Great  Britain,  Holland,  France, 
Germany,  and  the  United  States.  By  Great  Brit- 
ain it  is  employed  in  appointments  to  the  Indian 
civil  service  and  to  the  positions  of  "  Eastern 
Cadets  "  in  the  Straits  Settlement  and  Hongkong. 
The  Dutch  colonial  service  can  be  entered  only 
through  examinations  which  presuppose  a  thorough 
course  in  a  secondary  school  and  the  special  study 
of  colonial  law  and  administration.  The  judicial 
career  in  the  colonies  can  be  entered  only  by 
graduates  in  law  of  a  Dutch  university.  Admis- 
sion to  the  French  service  is  gained  either  through 
competitive  examinations  or  by  a  diploma  of  the 
colonial  school,  entrance  to  which  is  granted  upon 
competitive  tests.  The  French  service  is  divided 
into  numerous  ranks,  —  various  grades  of  clerk- 
ships and  administratorships,  and  a  series  of 
higher  offices;  promotion  is  made  in  accordance 
with  the  record  of  service  in  individual  cases, 
which  is  kept  in  Paris.  Candidates  for  original 
appointment  in  the  French  and  the  British  colonial 
service  must  be  young  men ;  for  the  Indian  service 
they  must  not  be  over  twenty-one  years  of  age. 
The  higher  positions  in  India  are  filled  by  gradual 
promotion  on  the  basis  of  seniority  or  efficiency  in 
service. 

The   system   of   civil  service  examinations   has 
323 


COLONIAL  GOVERNMENT 

been  applied  on  a  large  scale  also  to  the  natives 
of  the  Indian  Empire.  Though  on  account  of  dis- 
tance and  other  difficulties  they  cannot  make  much 
use  of  the  opportunity  of  entering  the  covenanted 
service  through  the  examination  in  London,  the  pro- 
vincial service  is  almost  completely  in  their  hands. 
The  system  of  employing  an  intellectual  test  as  a 
qualification  for  the  appointment  of  natives  in 
India  has  been  much  criticised.  It  has  been  said 
that  it  unduly  favors  the  Bengalee  Hindus  at  the 
expense  of  Mohammedans,  as  the  former  are  of 
a  more  purely  intellectual  bent,  and  have  prpdi- 
gious  memories,  so  that  they  are  able  to  retain  any 
amount  of  unassimilated  learning.  They  lack, 
however,  the  qualities  of  character  and  personal 
power  which  are  necessary  in  government,  and 
by  the  appointment  of  thousands  upon  thousands 
of  Hindu  clerks,  the  Indian  government  is  being 
turned  into  a  bureaucracy  which  prefers  dry  mat- 
ters of  statistics  and  unending  reports  to  the  living 
facts  of  social  and  political  activity. 

The  critics  of  the  system  assert  that  in  Oriental 
countries  government  must  be  a  matter  of  personal 
character  and  influence  rather  than  of  intellectual 
culture,  and  that,  therefore,  the  native  officials 
should  be  selected  by  prerogative  from  among  men 
who  have  the  gift  of  government,  and  who  are, 
first  of  all,  loyal  to  the  ruling  power  and  in  favor 
of  its  policy.  Although  the  system  of  civil  service 
examinations  and  the  spirit  of  the  above  criticism 
belong  to  two  wholly  opposing  modes  of  thought, 

324 


INSTITUTIONS   OF   GOVERNMENT 

being  the  result  of  views  on  government  which 
seem  almost  irreconcilable,  it  is  nevertheless  prob- 
able that  both  contain  an  element  of  truth  and  of 
merit.  The  selection  of  the  administrators  in  an 
Oriental  community  by  a  merely  intellectual  test, 
and  especially  by  a  test  based,  not  upon  mastery  of 
the  native  culture  and  institutions,  but  of  an  alien 
learning,  cannot  be  expected  to  result  in  an  efficient 
service.  On  the  other  hand,  the  adoption  of  a 
system  of  wholly  discretionary  appointments  would 
but  too  readily  lead  to  an  irresponsible  pasha  rule, 
with  corrupt  patronage  and  favoritism.  However, 
both  systems  contain  elements  that  may  well  be 
generally  adopted,  and  which  are,  as  a  matter  of 
fact,  actually  used  at  the  present  time  in  Indian 
administration.  The  successful  passing  of  an  ex- 
amination does  not,  by  any  means,  determine  a 
candidate's  place  in  the  hierarchy  of  officialdom. 
It  simply  opens  the  gates,  and  allows  the  aspirants 
to  enter  upon  a  first  stage  of  service ;  it  aims  to 
set  a  general  standard  of  culture  which  can  fairly 
be  demanded  of  any  official  in  the  governmental 
service.  From  among  the  men  who  have  thus 
entered  the  service  there  may  be  selected,  by  a 
gradual  process  of  promoting  the  more  efficient,  a 
group  of  able  and  experienced  administrators,  who 
will  hold  the  offices  of  greater  responsibility  and 
of  wide  latitude  of  discretion. 

Russians  have    often  criticised   the  British   for 
not  allowing  Indian  natives  to  rise  to  the  highest 
positions  in  military  command   and   civil  govern- 
325 


COLONIAL   GOVERNMENT 

ment.  They  regard  their  own  success  in  assimi- 
lating and  pacifying  Asiatic  populations  as  in  no 
small  measure  due  to  their  policy  of  not  closing 
the  highest  and  most  honorable  offices  to  natives. 
While  it  is  neither  necessary  nor  advisable  to  turn 
over  the  majority  of  such  positions  to  native  lead- 
ers, the  thought  that  it  is  possible  for  natives 
to  rise  to  the  highest  honor  and  dignity,  would 
form  a  bond  between  the  sovereign  nation  and 
its  subject  peoples  which  no  other  could  exceed 
in  strength.  The  Indian  people  themselves  con- 
stantly complain  of  the  fact  that  the  road  to  real 
honor  is  closed  to  them,  and  look  back  with  a  cer- 
tain longing  to  the  times  of  the  great  Mogul  em- 
perors, who  made  Hindus  governors  of  provinces. 

The  system  of  transferring  officials  from  the 
home  administration  to  that  in  the  colonies  is  not 
to  be  recommended,  and  has  not  proved  successful 
when  tried.  Such  officials  have  already  acquired 
set  ideas  concerning  the  proper  conduct  of  pub- 
lic administration.  They,  consciously  or  uncon- 
sciously, try  to  enforce  these  ideas,  which  constitute 
their  available  stock  of  experience,  in  the  colonies, 
attempting  in  this  manner  an  assimilation  of  the 
colonial  to  the  home  government.  The  policy  of 
the  great  colonial  governments  has  been  in  the 
main  to  require  that  the  men  who  are  to  enter 
the  colonial  service  shall  be  young  men  who  have 
already  acquired  a  good  general  education,  but 
who  have  not  yet  worked  themselves  into  the 
ruts  of   any  particular  office  or  branch  of   work, 

326 


INSTITUTIONS   OF   GOVERNMENT 

nor  have  had  their  power  of  originahty  and  initia- 
tive destroyed  by  too  long  a  service  in  merely  cleri- 
cal positions.  Their  practical  experience,  therefore, 
is  gained  in  the  field  of  their  life-work,  which  they 
enter  without  preconceived  notions  of  administra- 
tive practice  elsewhere  acquired.  The  ideal  sys- 
tem for  the  selection  of  colonial  officials  would 
accordingly  seem  to  be  based  upon  the  following 
principles.  A  rigid  examination  should  be  required 
testing  the  general  education  and  a  certain  amount 
of  special  knowledge  of  the  candidate.  It  should 
aim  primarily  to  show  whether  he  has  intellectual 
power  and  grasp  rather  than  merely  a  retentive 
memory  stored  with  facts.  The  candidates  should 
enter  upon  the  actual  administration  of  colonial 
affairs  with  minds  still  young  and  plastic.  Pro- 
motions should  be  made  on  the  basis  of  faithful 
and  efficient  service,  and  the  colonial  governor 
should  be  given  a  broad  discretion  in  advancing 
men  of  ability  who  have  proved  their  right  to 
more  extended  power. 

REFERENCES 
Baden-Powell,  B.  H.,  The  Land  Systems  of  British  India. 

Oxford,  1892.     Vol.  I.,  pp.  1-93. 
Boutmy,  Y..,  Le  Recrntement  des  adininistrateurs  coloniaux. 

Paris,  1895. 
Bryce,  James,  Studies  in  History  and  Jurisprudence.    Oxford, 

1 90 1.     Essay  I. 
Cattier,  F.,  Droit  et  Adfninistration  de  VJ^tat  indipendant  du 

Congo,     Brussels,  1898.     Part  III. 
Chailley-Bert,  ].,  La  Colonisation  de  Vlndo-Chine.      Paris, 

1892.    pp.  215-295. 

327 


COLONIAL   GOVERNMENT 

Chailley-Bert,  ].,  Java  et  ses  habitants.     Paris,    1901.     Ch. 

IV. 
Chesney,  General  Sir  George,  Indian  Polity.     London,  1894. 

Chs.  VL,  XL 
Colquhoun,  A.,  The  Mastery  of  the  Pacific.     New  York,  1902. 

Ch.XIIL 
Cotton,  J.  S.,  and  Payne,  E.  J.,  Colonies  and  Dependencies. 

London,  1883.     Pt.  L 
Curzon,  G.,  Riissia  in  Central  Asia.     London,   1895.     Ch. 

X. 
DufFerin,  Lord,  Speeches  in  India.     London,  1890. 
Grashuis,  G.   J.,  De  Regeerings-Regletnenten   van   Nederl. 

Indie.     Leiden,  1893. 
Houven  van  Oordt,  A.  J.  van  der,  Het  Regeerings-Reglement 

van  Suri name.     Leiden,  1895. 
Hunter,  Sir  W.  W.,  The  Ijtdian  Empire.      London,   1892. 

Ch.  XVL 
Janssen,  C.  W.,  Die  holldndische  Kolonialwirtschaft.     Strass- 

burg,  1886. 
Konig,  B.  von.,  "  Die  Beamten  in  den  Schutzgebieten."     In 

Beitrdge    zur    Kolonialpolitik     u.    Kolonialwirtschaft. 

Vol.  II.,  pp.  33  sq. 
Leclercq,    J.,    "Ceylan    sous    Tadministration    coloniale    de 

I'Angleterre."    Rev.  des  deux  mondes.,  March,  1900. 
Lith,  Dr.  P.  A.  van  der.   Encyclopedic  van  Nederl.  Indie. 

Leiden,  1895. 
Louter,  J.  de,  Staats-  en  Administratief  Recht  van  Nederl. 

Indie.     Hague,  1895. 
Lowell,  A.  L.,  Colonial  Civil  Service.     New  York,  1900. 
Metzger,  E.,  Vierzig  Jahre  niederldnd.  Kolonialherrschaft  in 

Ostindien.     Hamburg,  1890. 
Money,   J.    W.    B.,  Java,    or  How  to  manage  a   Colony. 

London,  1861.     Vol.  II.,  Ch.  V. 
Rougier,  J.  C.  P.,  Pricis  de  legislation  et  d'^iconomie  coloniale. 

Paris,  1895.     Livre  IV. 
Seeley,  Sir  John,  The  Expansion  of  England.     London,  1891. 

Pt.  II.,  Lect.  IV. 

328 


INSTITUTIONS   OF   GOVERNMENT 

Skrine,  F.  H.,  and  Ross,  E.  D.,  The  Heart  of  Asia.    London, 

1899.     Ch.  VII. 
Steevens,  G.  W.,  In  India.     London,  1899. 
Stephens,   H.   Morse,   "The  Administrative  History  of  the 

British  Dependencies  in  the  Further  East."     American 

Historical  Review,  Vol.  IV. 
Strachey,  Sir  J.,  India.     London,  1894.     Ch.  VI. 
Temple,  Sir  Richard,  The  Story  of  my  Life.     London,  1896. 

Ch.  X. 
Temple,  Sir  Richard,  Men  and  Events  of  my  Time  in  India. 

London,  1882. 
Thurlow,  T.  J.  H.,  "Report  on  Java  and  its  Dependencies." 

July  I,  1868.     In  Reports  of  Her  Majesty'' s  Secretaries 

of  Legations^  February  i,  i86g.     London,  1 869. 
Trotter,    L.   J.,  History    of  India    under   Queen    Victoria. 

pp.  258-272. 
Wauters,  A.  J.,  H^tat  indipendant  du   Congo.      Brussels, 

1899.     Ft.  V. 
Wheeler,  J.  L.,  India  under  British  Rule.     London,  1886. 

Ft.  II. 
White,  A.    S.,   The  Expansion  of  Egypt.     London,    1899. 

Div.  VL 


3*9 


CHAPTER   XVII 

MUNICIPAL   AND    LOCAL    GOVERNMENT   IN   THE 
COLONIES 

It  is  through  the  institutions  of  local  govern- 
ment that  the  people  of  the  colonies  can  be  most 
efficiently  brought  to  share  in  the  administration 
of  their  own  affairs.  All  attempts  at  self-govern- 
ment in  the  colonies  must  begin  at  this  point,  and 
unless  the  natives  can  be  interested  in  the  concerns 
of  their  local  and  municipal  administration,  unless 
they  can  develop  a  spirit  of  communal  sohdarity, 
of  readiness  to  take  part  in  the  communal  busi- 
ness, and  of  pride  in  communal  progress,  there  is 
no  hope  of  successfully  introducing  the  higher 
institutions  of  self-government.  As  in  the  historic 
evolution  of  political  institutions,  communal  life  in 
the  city  was  developed  before  free  institutions  cov- 
ering wider  areas,  or  national  states,  so  in  colonial 
administration  it  is  vain  to  attempt  to  build  the 
superstructure  before  the  foundation  is  securely 
laid.  Thus  local  and  municipal  self-administration 
not  only  affords  a  means  of  ascertaining  the  capac- 
ity of  the  natives  for  self-government,  but  it  is  also 
the  only  road  by  which  to  arrive  at  the  establish- 

330 


MUNICIPAL  AND    LOCAL    GOVERNMENT 

ment  of  representative  institutions  of  more  general 
scope. 

It  is,  therefore,  doubly  interesting  to  review 
the  most  important  examples  of  institutions  of 
municipal  or  communal  government  in  colonial 
dependencies.  In  India  the  first  municipality  to 
be  established  was  that  of  Calcutta,  in  1863.  It 
was  not,  however,  until  the  period  from  1883  to 
1885  that  the  system  of  municipal  and  local  self- 
government  was  extensively  adopted  in  the  Indian 
Empire.  By  the  laws  passed  in  these  years,  mu- 
nicipal committees  and  local  boards  were  estab- 
lished in  large  numbers ;  a  strong  elective  element 
was  introduced  into  these  bodies,  and  in  many  cases 
chairmen  were  appointed  from  among  the  non-offi- 
cial members.  We  shall  first  take  up  the  municipali- 
ties, and  then  discuss  the  district  and  local  boards. 

In  most  of  the  Indian  municipalities  a  majority 
of  the  commissioners  are  elected  by  local  voters 
upon  a  rate-paying  qualification.  The  proportion 
of  voters  to  the  total  population  varies  in  the  dif- 
ferent localities  from  1.2  per  cent  in  Madras  City, 
2  per  cent  in  the  Northwest  Provinces,  and  3  per 
cent  in  Madras  Province,  to  1 5  per  cent  in  Bengal. 
Of  the  people  entitled  to  vote  at  the  elections  50 
to  60  per  cent  ordinarily  make  use  of  their  right. 
The  following  table  gives  the  number  of  munici- 
palities, and  the  number  of  nominated  and  elected 
members  of  the  municipal  committees  in  1899.^ 

1  Compiled  from  Moral  and  Material  Progress  of  India,  j8g8 
to  i8gg. 

331 


COLONIAL   GOVERNMENT 


Name  of  Province  or 
City. 

Number  of 
Municipal- 
ities. 

Total  number 
of  Members  of 
Committees. 

Nominated 

and  ex  officio 

Members. 

Elected 
Members. 

Bengal  Province 
Northwest  Province 

and  Oudh  .     . 
Panjab .... 
Burma  .... 
Central  Provinces 
Assam  .... 
Madras  Presidency 
Bombay  Presidency 
Berar    .... 

s 

151 

104 

148 

4. 

52 

14 

58 

165 

12 

I 
I 

I 
I 

2,183 

1,613 

1,670 

524 
626 
141 
850 
2,328 
171 
72 

31 

24 

75 

I0I2 

368 
856 

415 

182 

90 

478 

I43I 

91 

16 

7 

7 

25 

II71 

1245 
814 
109 
444 

51 
372 
897 

80 

Bombay  City .     . 
Madras  City  .     . 
Rangoon  City     . 
Calcutta  City      . 

56 

24 

17 
50 

749 

10,308 

4978 

5330 

Nearly  all  towns  with  a  population  of  five 
thousand  or  more  have  been  granted  municipal 
institutions.  The  municipal  councils  in  these  com- 
munities control  the  questions  of  streets,  water 
supply,  sanitation,  hospitals,  education,  and  other 
matters  of  a  municipal  nature. 

In  twenty-seven  of  the  municipalities  of  Bengal, 
the  government,  in  consequence  either  of  the  back- 
wardness of  the  locality  or  of  the  intensity  of  party 
feeling,  exercises  the  power  of  nomination  which 
it  has  reserved  to  itself  in  all  cases.  In  Burma, 
by  the  municipal  act  which  came  into  operation  in 
1898,  the  elective  principle  has  been  extended  to 
332 


MUNICIPAL   AND    LOCAL   GOVERNMENT 

four  new  towns ;  little  interest,  however,  was  shown 
in  the  Burmese  municipal  elections,  with  the  excep- 
tion of  those  at  Mandalay.  In  the  remote  province 
of  Berar,  there  is  also  very  little  participation  in 
the  elections,  and  usually  not  more  than  12.5  per 
cent  of  the  electors  record  their  votes. 

The  government  has  recently  made  a  very  im- 
portant change  in  the  constitution  of  the  municipal 
council  of  Calcutta,  by  which  more  power  has  been 
placed  in  the  hands  of  the  European  representa- 
tives and  of  the  executive.  By  the  Calcutta  Mu- 
nicipal Act  of  1899  it  was  provided  that  the  number 
of  commissioners  should  be  reduced  from  seventy- 
five  to  fifty,  and  that  only  twenty-five  -of  these 
should  be  elected  by  the  ratepayers  in  the  wards 
of  the  city.  In  place  of  the  former  system  of 
representation  of  numbers,  there  has  been  insti- 
tuted a  representation  of  interests :  the  remaining 
twenty-five  commissioners  are  nominated  by  the 
mercantile  community,  the  port  conservators,  etc. 
The  provincial  government  has  been  empowered 
to  require  the  municipality  to  take  action  in  case 
of  special  need,  and  the  chairman  of  the  municipal 
commission  can  act  on  his  own  responsibility  in 
certain  emergencies,  as  when  serious  danger  of 
contagious  disease  is  to  be  averted.  By  the  same 
measure  some  native  suburban  districts  were  ex- 
cluded from  the  city,  so  that  the  net  result  of  the  act 
consists  of  the  shifting  of  political  power  in  the  me- 
tropolis of  India  from  the  masses  of  the  natives  to 
the  industrial  classes  and  the  European  community. 

333 


COLONIAL   GOVERNMENT 

The  administration  of  the  rural  regions  of  India 
was  also  in  the  period  from  1882  to  1885  reorgan- 
ized on  the  principle  of  self-government.  The 
general  outlines  of  the  system  were  laid  down  in 
a  resolution  passed  by  the  governor-general  in 
council  in  1882,  which  left  the  details  to  be 
determined  in  the  case  of  each  province  by  the 
local  authorities.  The  province  of  Madras  has  the 
most  complete  system.  A  number  of  villages  are 
grouped  in  a  village  union,  which  is  represented 
by  thQ  pane  hay  at,  a  council  composed  of  the  village 
headmen  and  additional  appointed  or  elected  mem- 
bers ;  above  this  are  the  taluk  or  division  boards, 
and  in  each  district  one  district  board.  The  prov- 
ince of  Bengal  uses  the  union  committees  to  a 
much  smaller  extent,  and  all  the  other  provinces 
have  simply  district  and  taluk  boards.  In  Assam, 
only  the  latter  are  found,  and  Burma  has  no  local 
government  boards  at  all.  These  various  boards 
get  their  power  by  a  process  of  delegation  from 
the  provincial  government  to  the  district  boards 
and  to  the  local  unions. 

The  district  boards  assist  the  collector-magistrate 
in  the  performance  of  his  administrative  duties. 
They  look  after  the  construction  and  maintenance 
of  roads,  irrigation  tanks,  and  water-works,  the 
sanitation  and  drainage  of  the  district,  the  estab- 
lishment of  public  charitable  institutions,  and  the 
entire  system  of  primary  education ;  the  construc- 
tion of  public  buildings,  as  well  as  the  adminis- 
tration of   relief   in    times   of    famine,    are    also 

334 


MUNICIPAL   AND   LOCAL  GOVERNMENT 

committed  to  their  supervision.  In  Madras  the 
district  boards  may  propose  local  taxation  ;  in  Ben- 
gal they  may  fix  the  rate  of  the  road  cess  within 
the  legal  maximum.  Outside  of  these  instances 
the  boards  have  no  powers  of  taxation,  their 
function  being  rather  to  administer  the  funds 
derived  from  specific  taxes  than  to  make  levies. 
Under  the  supervision  of  the  district  boards  the 
local  boards  and  the  village  unions  assist  in  admin- 
istering the  affairs  and  interests  already  enumer- 
ated, within  the  more  limited  areas.  To  what 
extent  the  elective  principle  has  been  introduced 
in  this  system  will  be  shown  by  the  following 
table:!  — 


Name  of 
Province. 

Number  of 
District 
Boards. 

Number  of 

Subordinate 

Boards. 

Total 
Members. 

Elected 
Members. 

Nominated 
Members. 

Bengal     .     . 

38 

105 

2054 

745 

1309 

Northwest 

Provinces 

48 

* 

995 

639 

356 

Madras    . 

21 

461 

3728 

* 

Bombay  .     . 

23 

205 

3556 

1601 

1955 

Panjab     .     . 

30 

52 

2230 

961 

1269 

Central 

Provinces 

17 

53 

II98 

836 

312 

Assam      .     . 

19 

373 

141 

232 

Berar  .     .     . 

6 

21 

529 

368 

161 

As  will  be  seen  from  this,  the  elective  element  is 
not  quite  so  strong  in  the  local  boards  as  it  is  in 

1  Compiled  from  Moral  and  Material  Progress  of  India,  j8g8 
to  i8g<p.  *  No  returns. 

335 


COLONIAL   GOVERNMENT 

the  municipal  commissions.  Tlie  district  boards 
are  composed  partly  of  members  delegated  by  the 
subordinate  boards,  and  the  chairmen  of  the  latter 
are  in  nearly  all  cases  officials.  Although  the 
government  reports  speak  favorably  of  the  district 
and  local  boards  as  creating  an  interest  on  the  part 
of  the  people  in  the  affairs  of  their  locality,  they 
also  admit  that  it  is  often  difficult  to  maintain  this 
interest.  Thus,  in  Bengal,  the  general  elections  for 
the  local  boards  arouse  very  little  attention ;  the 
average  attendance  at  the  board  meetings  in  1898 
was  only  five  members.  In  Berar,  only  eight  per 
cent  of  the  qualified  members  voted  at  the  taluk 
board  elections.  From  the  Central  Provinces  it 
was  reported  that  the  agricultural  class  showed 
more  interest  in  local  government  than  the  mer- 
cantile class.  In  the  Pan  jab  the  workings  of  the 
local  boards  were  not  satisfactory ;  in  many  cases 
there  was  not  sufficient  work  to  keep  both  district 
and  local  boards  employed ;  hence,  fourteen  local 
boards  were  aboHshed  during  1898,  and  similar 
measures  are  in  contemplation  elsewhere.  It  is 
stated  that  in  this  province  little  or  no  interest  is 
taken  in  the  elections,  and  that  the  people  prefer 
direct  appointment.  It  is  interesting  to  note  that 
in  Assam  the  European  non-official  members  are 
elected  by  the  managers  and  proprietors  of  the 
tea  industry,  and  that  among  the  representa- 
tives or  local  boards  in  Bengal  there  were,  in 
1898,  925  landowners  and  planters,  and  519  law- 
yers. 


MUNICIPAL  AND    LOCAL   GOVERNMENT 

Opinion  is  divided  as  to  the  efficiency  of  the 
municipal  councils  and  local  boards.  The  officials 
of  the  government  in  general  declare  themselves 
satisfied  with  the  operation  of  the  system,  with  the 
exception  of  a  few  isolated  cases.  They  claim  that 
it  has  led  the  natives  to  recognize  the  importance  of 
local  administration,  and  has  removed  a  burden 
from  the  shoulders  of  district  officers,  whose  mul- 
tifarious duties  are  still  sufficiently  distracting. 
Unfavorable  critics  of  the  system  urge  that  in  the 
rural  regions  it  has  aroused  comparatively  little 
attention,  while  in  the  larger  cities  municipal  gov- 
ernment is  in  the  hands  of  the  Hindu  majority, 
who  care  little  for  the  interests  of  the  commercial 
and  industrial  classes  or  of  the  Mohammedans. 
The  councillors  in  these  cities,  it  is  said,  spend  most 
of  their  time  in  the  fruitless  discussion  of  gen- 
eral theories,  while  sanitation  and  other  practical 
matters  are  neglected.  The  action  of  the  govern- 
ment in  cutting  down  the  elective  element,  as  well 
as  the  judgment  pronounced  by  impartial  observ- 
ers, indicate  that  the  system  leaves  much  to  be 
desired.  It  is  claimed  that  it  leads  to  acrid  fac- 
tional politics,  and  that  the  boards  are  usually 
inefficient  in  action  unless  controlled  by  the  strict 
supervision  of  European  officials.  The  natives 
themselves  are  said  to  believe  but  Httle  in  self-gov- 
ernment on  the  representative  basis,  and  to  have 
more  confidence  in  the  ability  and  justice  of  Euro- 
pean officials  than  in  their  own  countrymen.  The 
government  is,  however,  still  resolved  to  give  the 
z  337 


COLONIAL   GOVERNMENT 

system  a  fair  and  complete  trial  before  modifying 
it  in  a  radical  manner. 

In  most  of  the  other  colonies  of  Great  Britain 
municipal  and  local  self-government  has  been  to 
some  extent  introduced.  In  the  West  Indian 
colonies  the  system  has  been  in  long  and  suc- 
cessful operation.  The  great  Oriental  depots  of 
trade,  Hongkong  and  Singapore,  are,  in  a  way, 
models  of  municipal  administration ;  in  their  case, 
however,  it  is  somewhat  difficult  to  apportion  credit 
between  the  municipality  and  the  crown  colony. 
The  municipal  council  of  Singapore  is  composed 
of  representatives  of  all  the  various  nationalities 
and  interests  of  the  city ;  the  Chinese  of  the 
better  classes  here  show  especial  aptitude  in 
matters  of  municipal  administration.  In  the 
West  African  colonies,  on  the  other  hand,  local 
self-government  has  been  established  so  far  only 
to  a  very  limited  extent. 

Throughout  the  French  colonial  possessions 
there  have  been  estabHshed  communes  modelled 
upon  those  of  the  mother  country.  The  municipal 
law  of  April  5,  1884,  determines  the  system  of 
home,  as  well  as  of  colonial,  local  government,  with 
only  some  minor  modifications  in  respect  to  the 
latter.  At  the  beginning  of  the  Third  Republic, 
communes  existed  only  in  the  old  colonies,  Guade- 
loupe, Martinique,  and  Reunion ;  but  since  then 
the  system  has  been  very  rapidly  extended.  Co- 
lonial communes  are  divided  into  three  classes : 
first,  co^nmimes  de  plein  cxercice^  which  are  entirely 


MUNICIPAL   AND    LOCAL   GOVERNMENT 

assimilated  to  the  French  communes  and  exist 
only  in  the  older  colonies,  in  the  French  regions 
of  Algeria,  and  in  other  parts  of  the  French 
colonial  empire  where  the  European  element  has 
a  predominating  influence;  second,  mixed  com- 
munes, enjoying  only  the  more  rudimentary  mu- 
nicipal privileges;  and  third,  native  communes 
(^communes  ijtdigmes),  which  have  a  corporate 
character,  but  are  administered  entirely  by  an 
agent  of  the  central  power.  The  intention  of  the 
government  is  to  advance  the  communes  of  a 
lower  order  gradually  to  complete  municipal  free- 
dom. In  Algeria  the  electoral  quahfications  en- 
forced among  the  natives  are  far  stricter  than 
those  required  of  French  settlers ;  moreover,  by 
decree  the  number  of  the  Mussulman  councillors 
in  any  commune  has  been  restricted  to  six,  even  in 
the  municipal  council  of  Algiers,  which  has  forty 
members. 

The  French-Indian  communes  have  a  peculiar 
electoral  system.  According  to  the  provisions  of 
a  decree  of  September  20,  1899,  two  lists  of 
voters  are  made  out,  the  first  comprising  the 
Europeans  and  the  natives  who  have  renounced 
their  original  status  and  legal  relations,  the  second 
composed  of  the  non-renouncing  natives.  One 
half  of  the  councillors  are  elected  by  each  list. 
The  entire  area  of  French  Guiana  has  been 
divided  into  communes.  The  colony  of  Senegal 
has  four  communes  "  of  complete  rights,"  and  by 
decree  of  September  13,  1891,  the  gradual  estab- 

339 


COLONIAL   GOVERNMENT 

lishment  in  the  interior  of  a  system  of  mixed  and 
native  communes  is  provided  for. 

In  the  French  colonial  communes  of  the  first 
order,  the  regime  of  manhood  suffrage  is  in  force. 
The  communal  budget  is  deliberated  upon  by  the 
municipal  council,  and  is  then  rendered  executory 
by  the  approval  of  the  governor  of  the  colony. 
The  mixed  and  native  communes,  while  their 
powers  are  more  restricted,  still  have  a  legal 
personality  and  a  certain  administrative  autonomy. 
In  general,  the  French  are  more  inclined  than  are 
the  English  to  extend  the  communal  system  in 
their  African  colonies. 

In  Indo-China  and  Tunis  conditions  are  peculiar 
and  entirely  unlike  those  in  the  other  French  de- 
pendencies. Saigon,  the  capital  of  Indo-China, 
is  virtually  a  French  city  as  far  as  its  administra- 
tion is  concerned,  and  also  in  Hanoi  and  Hai  Fong 
the  French  element  predominates  in  the  munici- 
pal councils ;  but  the  municipality  of  Cholon,  near 
Saigon,  which  was  created  in  1879,  has  a  prepon- 
derance of  native  and  Chinese  councillors. 

Of  far  greater  interest,  however,  than  the  mu- 
nicipalities of  French  creation  in  this  colony, 
are  the  native  institutions  of  self-government  in  the 
rural  regions.  The  Anamitq  commune  originally 
resembled  a  complete  state,  self-sufficing,  though 
small  in  extent,  which  exercised  rights  of  local 
legislation,  as  well  as  executive  and  taxing  powers. 
The  central  government  interfered  but  Httle  and 
confined  itself  to  the  duty  of  protection  ;  the  com- 

340 


MUNICIPAL  AND    LOCAL   GOVERNMENT 

munes  supported  it  by  contributing  their  quotas 
of  taxation,  and  they  permitted  an  appeal  from 
their  local  court  to  the  mandarins.  Though  the 
French  ideal  of  centralized  administration  is  not 
favorable  to  independent  organisms  of  government, 
the  native  communes  have  maintained  many  of 
their  former  characteristics  and  functions,  espe- 
cially in  Tongking  and  Anam.  They  are  governed 
by  notables,  who  are  elected  by  the  villagers. 
The  executive  duties  are  performed  by  some  of 
the  younger  men  among  the  notables,  while  the 
older  constitute  a  board  of  control  and  legis- 
lation. The  popular  assembly  is  called  together 
to  ratify  the  acts  of  the  elders.  Disputes  are  settled 
by  a  simple  system  of  arbitration.  The  demo- 
cratic character  of  the  commune  is,  however,  only 
on  the  surface ;  the  notables  are  the  men  of  larger 
property  whose  influence  enables  them  to  enforce 
their  will  quite  despotically  over  the  weaker  mem- 
bers of  the  local  society.  After  many  attempts  to 
supersede  the  native  commune  by  their  own  insti- 
tutions, the  French  have  come  to  recognize  that 
they  cannot  dispense  with  this  organ  of  local 
government,  and  it  is  very  probable  that  they 
will  continue  to  use  it  with  certain  modifications 
and  improvements. 

In  the  protectorate  of  Tunis  the  French  system 
of  communal  government  was  first  introduced  in 
1884,  when  ten  of  the  more  important  towns  were 
given  corporate  charters.  In  the  smaller  towns 
and  in  the  rural  localities,  commissions  for  certain 
341 


COLONIAL   GOVERNMENT 

purposes  of  local  government,  especially  for  the 
construction  and  care  of  roads,  have  been  estab- 
lished. The  municipal  councils  have  deliberative  ^ 
authority  in  communal  matters,  including  taxation, 
but  the  government  must  approve  their  acts  to 
render  them  valid.  The  members  of  the  council 
are  appointed  by  ministerial  decree;  the  caid^  or 
native  chief  of  the  town,  acts  as  president,  and  is 
assisted  by  a  French  vice-president,  who  has  cer- 
tain powers  of  control. 

It  may  be  said,  on  the  whole,  that  the  applica- 
tion of  European  methods  of  local  self-government 
among  the  native  populations  in  tropical  regions  is 
still  in  its  tentative  stage.  In  many  cases,  un- 
fortunately, the  original  native  institutions  of  local 
self-government  in  these  localities  have  been  swept 
away.  Thus  the  old  Indian  panchayat,  which  had 
begun  to  fall  into  decay  under  the  Mogul  rule, 
was  entirely  destroyed  by  the  centralizing  ten- 
dencies of  the  British  government  in  India.^  This 
is  also  true,  in  a  large  measure,  of  the  local  insti- 
tutions of  Algeria  and  Cochin  China. 

In  their  Central  Asian  provinces,  the  Russians 
have  been  careful  to  preserve  the  local  institutions 

1  In  French  public  law  the  term  "deliberative"  impUes  the  right 
to  vote  and  to  originate  measures  of  legislation,  as  distinguished 
from  "  consultative,"  which  refers  merely  to  the  giving  of  advice. 
The  power  to  deliberate  is,  however,  less  than  the  power  to  enact 
{staiuer),  as  the  former  cannot  create  a  binding  rule  or  order  with- 
out the  sanction  of  another  authority,  usually  the  governor  or  other 
executive  officer. 

2  The  term  has  recently  been  revived.     See  p.  334. 

342 


MUNICIPAL  AND    LOCAL    GOVERNMENT 

of  the  native  races,  and  to  profit  by  the  inherent 
ability  of  Oriental  peoples  for  local  self-government. 
After  the  conquest  of  Central  Asia,  the  Russians 
resolved  to  suppress  the  tribal  organization  as 
dangerous  to  the  state ;  but  they  preserved  the 
native  village,  which  they  made  the  administrative 
unit.  Both  the  permanent  village  {volost)  and  the 
nomad  village  {aul)  have  a  mayor  and  elders 
elected  by  the  inhabitants,  subject  to  the  veto  of 
the  governor.  Similarly,  the  judges  of  the  village 
courts,  which  have  jurisdiction  in  petty  civil  and 
criminal  cases,  and  the  mirabs,  the  officials  who 
allot  the  water  supply  for  purposes  of  irrigation, 
are  elected  by  manhood  suffrage.  Every  village 
of  any  importance  maintains  a  primary  school. 
Building  thus  directly  on  a  foundation  of  preexist- 
ent  popular  custom,  the  Russians  have  been  more 
successful  in  their  measures  of  local  self-adminis- 
tration than  those  nations  which  have  attempted 
to  introduce  ready-made  systems  from  abroad. 

In  the  cities  of  Russian  Armenia,  such  as  Tiflis, 
the  municipal  councils  are  elected  upon  a  land 
property  qualification.  As  the  property  is  in  the 
hands  of  the  Armenians,  they  thus  for  a  time 
obtained  great  power,  and  were  encouraged  to 
look  forward  to  complete  autonomy.  Their  agita- 
tion to  achieve  this  end  did  not  please  the  govern- 
ment, and  has  led  it  recently  to  suppress  some  of 
the  privileges  which  the  Transcaucasian  munici- 
palities had  previously  enjoyed. 

The    Government    Regulations   of   the    Dutch 

343 


COLONIAL   GOVERNMENT 

Indies  (Art.  71)  provide  that  ''Inland  communes 
elect,  subject  to  the  approval  of  the  provincial 
authorities,  their  chiefs  and  administrators.  The 
management  of  their  local  affairs  is  left  to  the 
communes,  with  due  observance  of  the  ordinances 
of  the  government.  Wherever  these  provisions 
conflict  with  the  institutions  of  the  people,  or  with 
acquired  rights,  their  enforcement  is  to  be  refrained 
from."  The  origin  of  the  native  communes  {desas) 
is  disputed,  but  it  is  quite  generally  believed  that 
in  many  regions  of  Java  the  right  of  election  did 
not  exist  before  the  reforms  of  Sir  Stamford  Raffles 
and  the  subsequent  Dutch  legislation.  However 
this  may  be,  the  communes  at  present  show  much 
vitality,  and  are  an  important  part  of  the  adminis- 
trative organism.  The  election  of  the  mayor,  or 
chief  {loerah\  takes  place  in  the  presence  of  a 
controleur,  who  does  not,  however,  interfere  except 
for  the  purpose  of  ascertaining  whether  the  suc- 
cessful candidate  is  not  under  a  legal  disability 
(the  use  of  opium,  weakness  through  disease,  or 
infamy  through  penal  servitude).  With  the  assist- 
ance of  other  local  officials  —  a  secretary,  night  and 
field  guards,  and  priests  —  and  under  the  super- 
vision of  the  controleur  and  resident,  the  chief 
administers  the  local  affairs  of  the  commune. 

REFERENCES 

Arnaud  et   Mdray,  Les   Colonies  franqaises.      Paris,    1900. 

pp.  164  sq. 
Baden-Powell,  B.  H.,  Land  Revenue  and  Tenure  in  British 

India.     Oxford,  1894.     Chs.  IIL,  IX. 
344 


MUNICIPAL  AND   LOCAL   GOVERNMENT 

Baden-Powell,    B.    H.,    The    Indian    Village     Co7mmmity. 

London,  1896. 
Chailley-Bert,  J.,  Java  et  ses  habitants.     Paris,   1901.    pp. 

153  ^g- 

Dianous,   Paul   de.  Notes  de  legislation  tunisienne.     Paris, 

1898.     Ch.  V. 
Jobbd-Duval,  E.,  "La  Commune  annamite."     In  Nouvelle 

revue  historique  de  droit,  Vol.  XX. 
Leclercq,  J.,  Un  Sejour  dans  Vile  de  Java.     Paris,   1898. 

Ch.  n. 
Louter,  J.  de,  Staats-  en  Administraiief  Recht  van  Nederl. 

Indie.     Hague,  1895.     §  28. 
Morgand,  L.,  La  Loi  miinicipale.     Paris,  1892. 
Petit,  E.,  Organisation  des  colonies  franqaises.    Paris,  1894. 

Vol.  I.,  pp.  284-320. 
Samuelson,  James,  India,  Past  and  Present.     London,  1890. 

Ch.  XIX. 
Sebaut,  A.,  Dictionnaire  de  la  legislation  tunisienne,  s.v.  "  Com- 
munes."    Paris,  1896. 
"Statement  exhibiting  the  Moral  and  Material  Progress  and 

Condition  of  India,  1 898-1 899."     Parlia77ientary  Papers, 

1900. 
Strachey,  Sir  J.,  India.     London,  1894.     Ch.  XX. 
TouX€q,  Com.,  DuDahomeau  Sahara.    Paris,  1899.    Ch.  VII. 
Worsfold,  W.  B.,  The  Redemption  of  Egypt.     London,  1899. 

Ch.  XVI. 


345 


CHAPTER   XVIII 

COLONIAL    LAW 

The  administration  of  law  in  the  colonies  is  a 
matter  of  great  complexity,  especially  in  colonies 
where  the  native  element  constitutes  a  strong 
majority  of  the  population.  In  settlement  colonies, 
where  the  law  of  the  mother  country  is  applied 
with  modifications  according  to  local  requirements 
and  conditions,  there  also  arise  many  interesting 
problems  of  legal  adaptation.  But  the  adminis- 
tration of  law  in  the  tropical  colonies,  whether 
protectorates  or  under  direct  administration,  is 
a  matter  of  special  difficulty  on  account  of  the 
presence  of  several  distinct  systems  of  law. 

Although  it  is  a  general  principle  that  in  colo- 
nies of  conquest  or  cession  the  laws  in  force  at 
the  time  of  occupation  shall  be  respected  by  the 
paramount  power,  still,  a  condition  of  fixedness  can 
nowhere  be  found  in  this  matter ;  on  the  contrary, 
the  tendency  is  for  the  national  law  of  the  mother 
country  gradually  to  supersede  the  original  law  of 
the  dependency.  There  are,  therefore,  innumer- 
able different  shades  in  the  relations  between  the 
law  of  the  sovereign  state  and  the  inherited  laws 
and  customs  of  the  subject  peoples,  due  to  the 
gradual  introduction  of   a  larger  and    larger   ele- 

346 


COLONIAL   LAW 

ment  of  European  law,  and  the  constant  tendency 
to  sterilize  the  lawmaking  faculty  of  popular  cus- 
tom among  the  natives.  The  situation  is  further 
complicated  by  the  presence  of  such  laws  as  former 
conquerors  or  rulers  have  imposed,  and  which  have 
taken  firm  root  among  the  customs  of  the  depend- 
ency. Through  the  practice  of  appeal  to  a  high 
judicial  body  in  the  mother  country,  a  certain  unity 
is  imparted  to  the  legal  systems  throughout  a  colo- 
nial empire.  The  problem  solved  by  ancient  Rome 
through  the  instrumentality  of  the  Fvetorid.n  jus gen- 
tmm  again  confronts  the  modern  colonial  states, 
and  they  must  choose  between  respecting  the  na- 
tive systems  of  law,  and  creating  uniformity  through 
legislation  and  through  the  decisions  of  the  imperial 
courts  of  last  resort. 

We  shall  here  first  consider  the  elements  of 
native  law  which  are  still  accorded  validity  in 
colonial  jurisdictions,  and,  in  connection  with  this, 
the  systems  of  alien  European  law,  such  as  the 
French  or  the  Roman-Dutch,  which  continue  in 
force  in  some  of  the  British  colonies.  Next  we 
shall  turn  our  attention  to  the  methods  by  which 
European  law  is  gradually  introduced  and  made 
to  supersede  the  native  law,  in  the  larger  part  of 
the  field  of  colonial  jurisprudence.  The  next  chap- 
ter will  then  take  up  the  question  of  the  organiza- 
tion of  the  colonial  judiciary  and  its  relations  to 
the  authorities  at  home,  especially  to  the  courts 
of  appeal,  but  also  to  the  other  departments  of 
colonial  administration. 

347 


COLONIAL   GOVERNMENT 

In  no  dependency  have  questions  of  native  law 
and  jurisprudence  been  of  greater  importance  than 
in  India.  At  the  beginning  of  his  governorship, 
Warren  Hastings  formulated  a  series  of  rules  on 
the  matter  of  jural  relations.  In  these  he  held 
that,  while  Europeans  were  to  be  judged  accord- 
ing to  European  law,  native  law  was  to  remain  in 
force  and  was  to  govern  the  dealings  and  contro- 
versies among  the  various  native  populations  of 
India.  While  in  the  course  of  time  English  law 
has  occupied  a  far  greater  field  than  was  thus  origi- 
nally contemplated,  some  important  parts  of  juris- 
prudence have  continued  subject  to  the  rules  of 
Hindu  and  Mohammedan  law.  They  are  the  gen- 
eral family  law,  the  law  of  marriage,  of  adoption, 
of  succession,  of  partition,  and  of  family  trusts. 
The  land  law  of  India  constitutes  a  compromise 
between  Indian  and  English  principles,  but  all  the 
other  branches  of  law  —  penal  law,  the  law  of  civil 
and  criminal  procedure,  the  law  of  contracts  and 
torts  —  are  based  on  the  English  system. 

When,  however,  we  have  stated  that  in  the  mat- 
ters specified  above  Hindu  law  applies  among  the 
Hindus,  and  Mohammedan  law  among  the  Mussul- 
mans, the  matter  is  far  from  being  settled,  and  the 
greatest  difficulty  still  remains.  For  to  deter- 
mine what  is  the  rule  of  the  Hindu  or  of  the 
Mohammedan  law  upon  a  certain  subject  is  a 
matter  that  will  tax  the  ability  of  the  best  of 
Oriental  scholars  and  jurists.  In  the  first  place, 
both  of  these  bodies  of  law  are  of  rehgious  origin, 

348 


COLONIAL   LAW 

and  closely  interwoven  at  all  points  with  religious 
doctrine  and  observance.  They  would,  therefore, 
even  if  they  had  uniformity,  lack  that  precision 
and  certainty  which  can  come  only  after  a  separa- 
tion of  the  religious  from  the  legal  point  of  view. 
But  not  only  does  their  association  with  religion 
render  them  complicated;  they  also  differ  widely 
in  the  various  localities  and  among  the  various 
classes  of  the  community.  This  is  true  especially 
of  the  Hindu  law,  which  an  Indian  judge  has  aptly 
described  in  the  following  terms :  ''  Hindu  law  is 
a  body  of  rules  intimately  mixed  up  with  religion, 
and  it  was  originally  administered  for  the  most 
part  by  private  tribunals.  The  system  was  highly 
elastic,  and  had  been  gradually  growing  by  the 
assimilation  of  new  usages  and  the  modification 
of  ancient  text  law  under  the  guise  of  interpreta- 
tion, when  this  spontaneous  growth  was  suddenly 
arrested  by  the  administration  of  the  country  pass- 
ing into  the  hands  of  the  Enghsh,  and  a  degree  of 
rigidity  was  given  to  it  which  it  had  never  before 
possessed." ^ 

While  the  lower  ranks  of  the  Indian  judiciary 
are  filled  almost  entirely  by  native  judges,  who  are 
familiar  with  the  principles  of  native  law,  although 
they  may  not  always  be  able  to  solve  its  difficulties, 
the  judges  in  the  courts  of  appeal,  before  whom 
questions  of  native  law  find  their  ultimate  adju- 
dication,   are   mostly   Englishmen.      While   these 

1  Mr.  Justice  Gum  Dass  Bonnerji,  cited  in  Law  Quarterly 
Review,  Vol.  XIV.,  p.  394. 

349 


COLONIAL   GOVERNMENT 

judges  have  in  general  proved  themselves  ready- 
to  enforce  native  customs  within  the  limits  pointed 
out  above,  whenever  a  clear  rule  could  be  ascer- 
tained, they  have  at  times  been  somewhat  impa- 
tient with  the  confused  state  of  native  jurisprudence, 
and  have  made  a  rather  liberal  use  of  their  power 
to  act  according  to  **  equity  and  good  conscience  " 
in  matters  where  the  native  law  is  defective  and 
contradictory. 

But  it  is  the  Judicial  Committee  of  the  Privy 
Council  in  England,  the  final  court  of  appeal  in 
colonial  cases,  which  has  undertaken  to  interfere 
most  radically  in  questions  of  Hindu  law.  This 
tribunal,  which  is  composed  of  English  lawyers, 
draws  its  information  upon  the  native  law  largely 
from  such  texts  as  have  found  their  way  into  Eng- 
lish translations,  —  for  instance,  the  laws  of  Manu 
or  the  Daya  Bhaga.  These  ancient  texts,  how- 
ever, while  they  are  justly  looked  upon  as  books 
of  authority,  hold  somewhat  the  same  relation  to 
actually  existing  Hindu  customs  that  Bracton  holds 
to  modern  English  law.  They  are  of  great  value 
in  the  historic  study  of  Hindu  jurisprudence,  but 
cannot  safely  be  relied  upon  as  an  exposition  of  its 
present  rules,  for  even  the  Orient  changes,  how- 
ever slowly.  On  account  of  the  use  of  such  guides, 
it  has  repeatedly  happened  that  the  Privy  Council 
has  reversed  the  decisions  of  Indian  courts  in 
matters  of  Hindu  law,  though  they  had  been  based 
on  the  interpretation  of  expert  Hindu  judges. 

The  most  cherished  institution  of  the  Hindus  is 

350 


COLONIAL   LAW 

the  joint  family,  which  insures  to  its  members  pro- 
tection against  destitution  and  want.  For  the 
permanence  of  this  institution  it  is  absolutely- 
requisite  that  the  head  of  the  family  should  not 
be  permitted  in  any  way  to  encumber  or  alienate 
its  property;  and  still  the  Privy  Council  applied 
to  the  Indian  family  the  rules  of  European  indi- 
vidualistic property,  and  permitted  the  creditors  of 
the  head  of  a  family  to  attach  its  landed  domain 
as  security  for  debt.^  Small  wonder,  therefore, 
that  the  Privy  Council  has  lost  the  confidence  of 
the  Indian  people,  who  believe  that  it  shows  no 
regard  for  their  dearest  interests  when  the  strict 
enforcement  of  the  money  lenders'  contract  rights 
is  in  question.  As  the  Privy  Council  has  had 
similar  difficulties  with  respect  to  the  laws  of 
Cyprus,  it  has  been  suggested  that  there  should 
be  added  to  the  Judicial  Committee  assessors 
familiar  with  the  systems  of  native  law  that  come 
up  before  it  for  final  adjudication.^  We  may  here 
note  in  passing  that  the  French  Cour  de  Cassation 
does  not  entertain  appeals  from  Algerian  tribu- 
nals in  cases  involving  Mohammedan  law,  but 
that  these  are  finally  and  conclusively  settled  by 
the  supreme  court  at  Algiers. 

While  the  Judicial  Committee  has  thus  attacked 
the  native  system  of  family  property,  the  Indian 
legislatures  have  exerted  themselves  to  fortify  the 
natives  against  the  constantly  growing  power  of 

1  Girdhari  LalVs  Case^  1874. 

2  W.  C.  Petheram,  in  Law  Quarterly  Review,  Vol.  XVI. 


COLONIAL   GOVERNMENT 

the  money  lender,  by  strengthening  such  institu- 
tions as  the  joint  family,  and  by  making  it  more 
difficult  to  attach  landed  property  upon  execution. 
It  is  generally  conceded  by  English  authorities 
that  the  attempt  to  introduce  a  system  of  indi- 
vidual ownership  of  land  in  Oriental  countries  has 
been  a  mistaken  policy,  and  has  subjected  the 
economically  weaker  peasantry  to  great  extortion 
and  ultimate  expropriation  on  the  part  of  the 
creditor  class.  The  Dutch  in  Java  have  consist- 
ently refused  to  adopt  this  system. 

As  all  the  Mohammedans  of  India  follow  the 
Hanafite  system  of  jurisprudence,  which  is  also 
in  use  among  the  Turks,  less  difficulty  has  been 
experienced  with  their  law  than  with  the  intricate 
and  inharmonious  system  of  Hindu  jurisprudence. 
Some  of  the  cardinal  principles  of  Mohammedan 
law  have  left  their  imprint  on  the  whole  popula- 
tion of  India,  of  which  the  Mohammedans  were  so 
long  the  rulers.  This  is  true  especially  of  the  law 
of  evidence.  The  Mussulman  law  rejects  circum- 
stantial evidence,  and  requires  direct  proof  of  the 
facts  at  issue.  In  Mohammedan  procedure  wit- 
nesses are  not  placed  under  the  sanction  of  the 
oath,  nor  are  they  cross-examined ;  but  in  order  to 
be  admitted  at  all  they  must  bear  a  good  character. 
Only  affirmative  evidence  is  received,  and  the 
judge  is  bound  by  the  consistent  assertions  of  the 
witnesses  in  the  same  manner  as  an  English  judge 
is  bound  by  the  verdict  of  a  jury.  Whenever, 
therefore,  a  plaintiff  can  produce  a  sufficient  num- 

352 


COLONIAL   LAW 

ber  of  reputable  witnesses  to  a  positive  claim,  his 
claim  will  be  upheld,  unless  the  defendant  can 
prove  a  positive  defence  with  a  similar  array  of 
reputable  witnesses.  The  great  difficulty  which 
EngHsh  judges  —  now  that  EngHsh  procedure  has 
been  introduced  —  encounter  in  India,  is  that  all 
the  witnesses  in  a  case  swear  only  to  direct  and 
affirmative  evidence,  and  that  as  the  character  of 
the  witness  is  no  longer  a  guarantee  of  good  faith 
and  the  oath  has  become  the  only  sanction,  both 
parties  to  an  action  usually  bring  a  large  number 
of  witnesses,  who  swear  to  exactly  opposite  state- 
ments of  facts.  For  though  the  respectable  Mo- 
hammedan will  not  himself  readily  tell  an  untruth, 
he  has  no  scruples  in  hiring  those  who  will.  The 
judge  is,  therefore,  left  to  guess  at  the  truth,  and 
in  many  cases  the  entire  process  of  taking  evi- 
dence might  as  well  be  dispensed  with  as  utterly 
useless.^ 

The  French  have,  like  the  English,  preserved  a 
certain  element  of  native  law  in  their  Oriental  and 
African  possessions.  In  the  West  African  colo- 
nies the  Mussulmans  are  given  the  choice  between 
a  French  court  with  a  Mohammedan  assessor, 
and  the  court  of  the  cadi^  in  matters  of  status, 
succession,  and  donations.  In  Algeria,  however, 
the  policy  of  assimilation  has  been  pursued  in  a 
most  persistent  and  thoroughgoing  fashion,  to  the 
almost  utter  destruction  of  native  political  and  legal 
institutions.     Originally  the  cadi  was  the  sole  civil 

^  See  Baillie,  A  Digest  of  Moohummudan  Law,  Introduction. 

2  A  353 


COLONIAL   GOVERNMENT 

and  criminal  judge;  appeals  could  be  taken  from 
him  to  his  own  court  reenforced  by  a  council  of 
jurisconsults  {muftis  and  tolbas\  or  to  the  sover- 
eign. This  system  was  modified  in  accordance 
with  suggestions  made  by  Prince  Napoleon,  which 
were  embodied  in  the  decree  of  December  13, 
1866.  Civil  and  commercial,  as  well  as  status, 
litigation  among  Mohammedans  was  still  to  be 
tried  before  the  cadi;  but  the  French  courts  might 
be  invoked  by  accord  of  the  parties,  or  in  com- 
mercial cases,  by  the  insertion  of  a  clause  to  that 
effect  in  the  original  contract.  Appeals  from  the 
cadi  were,  however,  now  taken  to  the  French 
tribunals,  —  to  courts  of  the  first  instance,  or  to 
the  court  of  appeal  at  Algiers,  which  was  pro- 
vided with  Mussulman  assessors.  At  first,  the 
latter  were  given  a  vote  in  the  deliberations  of  the 
court ;  later,  however,  their  function  was  reduced 
to  a  merely  consultative  one.  There  was  also 
formed  a  Conseil  de  droit  mtistilman,  consisting  of 
five  Mohammedan  jurisconsults,  to  whom  questions 
of  religious  or  status  law,  coming  up  in  the  ordi- 
nary courts,  had  to  be  submitted  for  advice.  As 
the  cadis  were  paid  exceedingly  small  salaries, 
and  as  French  jurisprudence  was  extended  rapidly 
by  means  of  legislation,  —  as,  for  instance,  in  1873, 
when  all  cases  involving  rights  to  real  property 
were  given  to  the  French  courts,  —  the  native 
jurisprudence  has  shrunk  into  an  extremely  nar- 
row compass,  and  in  the  matter  of  law,  as  in 
other  respects,  Algeria  has  been  artificially  assimi- 

354 


COLONIAL  LAW 

lated  to  the  mother  country.  In  respect  to  lesser 
crimes,  however,  the  natives  of  Algeria  come  under 
the  special  provisions  of  the  code  de  Vindigbnat^ 
which  renders  them  subject  to  summary  trial  and 
punishment  for  offences  outside  of  the  French 
code,  and  which  is  administered  without  appeal 
by  an  inferior  order  of  magistrates  imported  from 
France  and  often  lacking  all  experience  of  native 
customs.  In  1894  there  were  all  together  32,186 
condemnations  under  this  code,  which,  with  a 
native  population  of  3,600,000,  makes  the  high 
figure  of  nearly  one  per  cent  of  the  total  popula- 
tion, or  four  per  cent  of  the  adult  males. 

In  the  protectorate  of  Tunis  the  whole  system 
of  native  courts  and  jurisprudence  is  still  in 
existence.  The  cadis  are  the  ordinary  judges 
from  whose  courts  an  appeal  lies  to  the  Ckara,  a 
court  at  Tunis  which  administers  the  religious 
customary  law,  and  to  the  Ouzara,  a  tribunal  some- 
what similar  to  an  equity  court,  which  grants  relief 
in  case  of  too  great  rigidity  of  custom.  A  mixed 
court,  composed  of  native  and  French  judges,  has 
been  established  for  the  hearing  of  cases  relating 
to  landed  property.  In  the  protectorates  of  Indo- 
China  —  Cambodia,  Anam,  and  Tongking  —  the 
native  judiciary  and  law  have  been  maintained; 
but  both  have  been  practically  destroyed  in  the 
colony  of  Cochin  China,  although  formally  Anam- 
ite  law  is  still  applicable  in  controversies  among 
natives.  In  Madagascar  the  native  jurisdiction 
was  organized  by  decree  of  the  24th  of  November, 
355 


COLONIAL   GOVERNMENT 

1898;  in  native  cases,  courts  are  held  by  French 
officials,  with  two  native  assessors,  who,  however, 
have  only  a  consultative  voice. 

When  we  consider  the  process  of  the  gradual 
introduction  of  European  law  into  the  colonies, 
the  legislation  of  Germany  is  specially  instructive. 
According  to  the  colonial  law  {Sc/uttzgebict 
Gesetz)  of  October  17,  1886,  as  amended  July 
25,  1900,  the  emperor  exercises  the  sovereign 
power  in  the  colonies  in  the  name  of  the  German 
state.  The  consular  law,  which  was  given  its 
present  form  on  October  7,  1900,  applies  also 
to  the  colonies,  and  the  principles  of  German  law 
enumerated  therein  —  embracing  practically  the 
entire  civil  and  criminal  law  —  are  to  be  the  norm 
of  the  German  courts  in  the  dependencies.  The 
natives,  however,  are  subject  to  this  regime  only 
in  so  far  as  they  are  placed  under  it  by  special 
ordinance  of  the  emperor.  The  system  of  Euro- 
pean law,  as  introduced  into  the  German  colonies, 
bears  some  analogy  to  the  consular  jurisdiction 
exercised  in  semi-civilized  countries;  courts  are 
established  which  have  jurisdiction  over  German 
subjects  and  the  subjects  of  friendly  powers,  as 
well  as  over  such  persons,  natives  or  Europeans, 
as  may  voluntarily  appeal  to  them  in  their  litiga- 
tion. The  natives  are  at  first  allowed  to  remain 
under  their  tribal  customs  and  authorities,  and 
only  gradually,  by  their  own  action  in  appealing  to 
the  German  courts,  or  by  the  action  of  the  execu- 

356 


COLONIAL   LAW 

tive  in  placing  them  under  the  jurisdiction  of  the 
latter  for  certain  purposes,  are  they  made  subject 
to  German  law,  which  is  thus  changed  from  the 
personal  law  of  the  European  settlers  and  traders 
to  the  territorial  law  of  the  colony. 

It  is  in  this  character  as  personal  law  that  Euro- 
pean law  originally  entered  most  of  the  colonial 
dependencies  in  the  tropics.^  Being  first  applied 
only  to  Europeans,  it  was  by  a  gradual  process 
extended  to  the  natives,  until  in  many  cases  it 
has  finally  become  the  law  of  the  land.  When  we 
examine  this  process  in  the  French  dependencies, 
we  find  that  in  the  protectorates  of  Indo-China 
French  law  is  at  present  applied  only  in  certain 
tribunals  in  the  larger  cities,  and  in  the  residential 
courts,  in  cases  where  Europeans,  or  Orientals 
who  are  not  natives  of  the  protectorate,  are  mter- 
ested,  while  cases  which  concern  only  natives  are 
heard  by  Anamite  and  Cambodian  tribunals  accord- 
ing to  local  custom.  In  Cochin  China,  too,  this 
method  was  originally  followed ;  but  the  native 
courts  were  first  superseded  by  a  French  adminis- 
trator, and  then,  in  1881,  French  tribunals  were 
organized  throughout  the  province  in  a  like  manner 
as  they  had  already  been  instituted  at  Saigon,  the 
capital.  The  results  of  this  rapid  introduction  of 
French  law  were,  however,  so  unfortunate  that  it 
is  to  be  hoped  that  the  French  will  avoid  a  similar 
haste  in  the  protectorates,  although  it  may  be  true 
that  nothing  can   prevent   the   gradual  encroach- 

1  See  also  Het  Regeerings-Reglement  van  Nederl.  Indie,  art.  75. 

357 


COLONIAL   GOVERNMENT 

ment  of  the  European  law  upon  the  field  of  native 
jurisdiction.  In  Algeria  also,  where  it  has  now 
almost  entirely  crowded  out  the  native  system,  the 
French  law  entered  at  first  as  the  personal  law  of 
the  French  colonists. 

The  Indian  Regulating  Act  of  1773,  which  first 
systematized  the  administration  of  British  India, 
provided  for  only  a  consensual  jurisdiction  of  the 
British  courts  in  the  litigation  of  natives,  in  actions 
on  contract  where  it  had  been  specially  agreed 
upon  between  the  parties  to  submit  eventual  differ- 
ences to  a  British  court.  From  these  small  begin- 
nings, the  English  law,  if  we  except  the  narrow 
field  held  by  Hindu  and  Mohammedan  jurispru- 
dence, has  become  the  law  of  the  land  in  British 
India,  through  a  series  of  important  legislative 
enactments,  as  well  as  through  the  course  of  adju- 
dication by  the  English  judges  of  Indian  courts. 
The  great  undertaking  of  Indian  codification  was 
begun  by  Lord  Macaulay  in  1833,  but  it  was 
almost  three  decades  before  the  results  of  his  labor 
were  actually  adopted  in  the  form  of  legislation. 
The  following  is  a  list  of  the  principal  Indian 
codes  and  acts,  which  constitute  perhaps  the  boldest 
experiment  recorded  in  the  history  of  legislation, 
an  attempt  to  supersede  the  customary  law  of  a 
great  complex  of  populations,  confused,  intricate, 
and  multifarious,  by  a  uniform  system  conceived 
in  broad  and  simple  outlines. 

1859.   The  Code  of  Civil  Procedure. 
i860.   The  Indian  Penal  Code. 


COLONIAL   LAW 

1861.    The  Code  of  Criminal  Procedure. 

1865.  The  Indian  Succession  Act  (this  does  not  apply  to 
Hindus,  Mohammedans,  or  Buddhists  ;  and  by  exec- 
utive order  other  classes  may  be  exempted  from  its 
operation) . 

1870.  The  Hindu  Wills  Act  (this  reserves  all  the  rights  of 
the  Hindu  joint  family). 

1872.    The  Indian  Evidence  Act. 

1872.    The  Indian  Contract  Act. 

1 88 1.   The  Probate  and  Administration  Act. 

1881.  The  Negotiable  Instruments  Act  (this  does  not  inter- 

fere with  the  himdis,  the  native  bills  of  exchange). 

1882.  The  Transfer  of  Property  Act  (many  exceptions  to  this 

are  allowed  in  matters  of  local  custom  and  of  agri- 
cultural leases). 

1882.  The  Indian  Trusts  Act  (which  does  not  apply  to  Ben- 
gal or  Bombay,  and  respects  the  law  of  the  wakf, 
the  Mohammedan  family  trust). 

1890.    The  Guardian  and  Wards  Act. 

This  system  of  codification  has  been  often  at- 
tacked on  the  ground  that  it  substitutes  for  the 
flexibility  of  a  customary  law,  with  its  adaptability 
to  local  needs,  a  rigid  system  of  statutory  legisla- 
tion, chiefly  of  alien  origin.  But  the  most  compe- 
tent judges,  on  the  whole,  are  inclined  to  view  this 
great  body  of  law  in  a  favorable  light.  While  in- 
evitably it  has  interfered  in  some  respects  with 
native  customs  and  ideas,  it  is  not  too  detailed  to 
be  inflexible,  and  at  the  same  time  is  definite  and 
firm  enough  to  form  a  safe  instrument  for  the 
maintenance  of  law  and  ordered  relations.  While 
the  application  of  European  contract  law  and  in- 
dividualistic  ideas  of   property  to   Oriental   com- 

359 


COLONIAL   GOVERNMENT 

munities  is  a  measure  of  more  doubtful  expediency, 
it  is  generally  conceded  that  the  Penal  Code  has 
been  a  potent  factor  in  bringing  about  the  estab- 
lishment of  order  and  civilized  government  in  the 
Indian  Empire. 

The  advisability  of  codifying  the  native  laws 
has  often  been  urged,  even  by  Mohammedans  like 
Sir  Syed  Ahmed  Khan ;  it  has,  however,  thus  far 
appeared  decidedly  unwise  to  attempt  such  an 
undertaking.  Not  only  would  it  be  exceedingly 
difficult  to  draw  up  a  satisfactory  summary  of  the 
customary  law  of  the  natives,  but  as  this  summary 
would  inevitably  conflict  with  the  actual  customs 
in  many  localities,  it  would  create  great  popular 
dissatisfaction,  and  would  lead  the  natives  to  fear 
governmental  interference  with  their  most  cherished 
institutions  of  family  and  status.  Much  farther 
removed  is  the  possibility  of  abolishing  this  law 
and  displacing  it  by  European  rules;  on  account 
of  its  close  connection  with  religion,  the  system 
could  be  destroyed  only  if  the  religious  beliefs  of 
the  whole  community  could  be  changed. 

In  Egypt,  in  the  year  1876,  the  various  consu- 
lar courts  which  were  administering  their  national 
law  to  subjects  of  their  respective  countries  were 
united  to  form  the  system  called  Mixed  Courts. 
Before  these  tribunals  at  the  present  time  all  liti- 
gation in  which  foreigners  are  interested  comes  for 
trial.  The  native  Egyptian  courts  were  remodelled 
in  1884,  and  a  civil  code,  based  upon  the  Code 
Napoleon,  was  adopted   for   their   guidance.     As 

360 


COLONIAL   LAW 

the  Mixed  Courts  also  in  their  decisions  follow 
chiefly  the  French  law,  it  has  come  to  pass  that 
this  system  of  jurisprudence  practically  governs 
Egyptian  judicial  affairs,  among  both  foreigners 
and  natives.  Though  English  judges  have  been 
introduced  into  the  Egyptian  courts  in  consider- 
able numbers,  this  ascendency  of  French  juris- 
prudence has  not  as  yet  been  superseded. 

It  remains  for  us  briefly  to  notice  the  systems  of 
European  law  other  than  English  which  are  in 
force  in  some  of  the  British  colonies.  This  alien 
law  is  of  varying  authority  :  in  some  colonies,  such 
as  Mauritius,  where  originally  the  French  law  pre- 
vailed, it  has  been  almost  entirely  superseded  by 
subsequent  legislation  and  by  adjudications  based 
upon  English  precedents ;  while  in  others,  for  in- 
stance in  South  Africa,  it  has  remained  more 
completely  the  basis  of  the  local  jurisprudence. 
The  principal  British  colonies  in  which  alien  laws 
are  in  force  are  Quebec,  which  has  for  its  common 
law  the  French  Custom  of  Paris;  the  islands  of 
Mauritius  and  St.  Lucia,  where  the  French  law 
has  left  its  impress ;  and  the  colonies  of  Ceylon, 
British  Guiana,  Cape  Colony,  Natal,  and  New 
Guinea,  in  which  the  Roman-Dutch  law  is  still  in 
force.  The  legal  system  of  Cyprus  is  composed  of 
the  Mohammedan  Sacred  Law  and  the  Majele,  the 
Turkish  civil  code  of  1869.  In  the  case  of  Ceylon, 
a  codification  of  native  Mohammedan  customs  was 
undertaken  in  1806.  This  island  has,  therefore,  a 
peculiarly  intricate  jurisprudence,  the  natives  being 

361 


COLONIAL   GOVERNMENT 

governed  either  by  the  Mohammedan  or  the  Hindu 
customary  law  in  matters  of  succession  and  status, 
while  the  common  law  is  Roman-Dutch  in  origin 
with  a  superstructure  of  British  legislation.  It  is 
a  prominent  characteristic  of  the  EngHsh  as  a  col- 
onizing nation  that  they  have  never  attempted, 
merely  for  the  sake  of  assimilation  and  the  exten- 
sion of  their  national  institutions,  to  force  their 
system  of  law  upon  their  dependencies.  Wherever 
another  civiHzed  system  had  already  gained  a  foot- 
hold, it  was  not  uprooted  nor  disturbed ;  and  only 
in  the  case  of  India,  where  conditions  were  in  a 
state  of  such  confusion  that  radical  measures 
seemed  necessary,  did  they  go  to  the  length  of 
creating  a  comprehensive  system  of  codified  law.^ 

1  For  references,  see  the  end  of  the  next  chapter. 


362 


CHAPTER   XIX 

THE    ORGANIZATION    OF    COLONIAL    COURTS 

In  the  colonies  of  Great  Britain  the  judiciary  is 
generally  separate  from  the  administration,  and  the 
judges  enjoy  a  high  degree  of  official  indepen- 
dence; the  union  of  judicial  and  other  functions 
in  the  hands  of  the  Indian  district  officers  is  excep- 
tional. The  judges  in  the  colonies  with  responsible 
or  representative  government  are  removable  only 
upon  address  of  the  local  legislature  to  the  gov- 
ernor. In  cases  of  amotion  of  judges  in  the  crown 
colonies  the  governor  and  council  take  the  initiative; 
questions  of  this  nature  are  referred  by  the  sover- 
eign to  the  Judicial  Committee  of  the  Privy  Coun- 
cil, with  which  the  colonial  secretary  sits  on  such 
occasions.  The  institution  of  the  jury  in  criminal 
cases  is  used  in  nearly  all  of  the  crown  colonies,  as 
well  as  in  parts  of  India.  In  some  cases  the  form 
of  the  jury  is  slightly  modified,  as  in  the  Gold 
Coast  colony,  where  it  consists  of  seven  men. 

The  system  upon  which  the  Indian  courts  are 
organized  varies  in  the  different  provinces ;  but  in 
the  older  provinces  it  is  fairly  uniform.  In  Ben- 
gal, Bombay,  Madras,  and  the  Northwest  Provinces 
there  are  High  Courts  sitting  in  the   provincial 

363 


COLONIAL  GOVERNMENT 

capital ;  they  act  as  courts  of  appeal  in  both  civil 
and  criminal  cases.  In  criminal  cases  they  are 
courts  of  last  resort,  while  in  civil  cases  an  appeal 
lies  from  their  decisions  to  the  Privy  Council. 
The  High  Courts  are  composed  partly  of  barris- 
ters or  advocates  from  Great  Britain  and  Ireland, 
partly  of  members  of  the  Indian  Civil  Service,  who 
have  acted  at  least  three  years  in  the  capacity  of 
district  judges,  and  partly  of  men  who  have  sat  as 
judges  in  the  Small  Cause  Courts  for  at  least  five 
years,  or  have  been  pleaders  of  a  High  Court  for 
at  least  ten  years. 

The  civil  courts  below  the  High  Court  are  the 
following :  the  court  of  the  district  judge,  which 
has  original  and  appellate  civil  jurisdiction,  but 
acts  chiefly  in  the  latter  capacity  ;  the  subordinate 
judges,  who  have  only  original  civil  jurisdiction ; 
and  the  muusifs,  whose  jurisdiction  is  limited  to 
suits  in  which  the  value  of  the  matter  in  contro- 
versy does  not  exceed  one  thousand  rupees.  In 
addition  to  these  there  are  established  a  number  of 
Small  Cause  Courts  which  hear  cases  involving 
smaller  amounts.  As  there  is  no  appeal  from  the 
decisions  of  these  latter  courts,  they  are  of  far 
greater  importance  than  their  name  would  indicate. 
The  Indian  system  has  been  much  criticised  on 
account  of  the  ease  with  which  it  permits  appeals 
and  of  the  consequent  dilatoriness  and  cost  of  pro- 
ceedings under  it,  which  make  it  impossible  for  the 
poorer  classes  to  get  justice.  The  government  has 
to  choose  between  the  two  alternatives  of  either 

364 


ORGANIZATION    OF    COLONIAL    COURTS 

establishing  a  practically  dictatorial  magistracy  for 
petty  cases,  or  controlling  the  lower  courts  by  a 
system  of  appeals,  which  the  Oriental  populations, 
who  prefer  speedy,  if  rough-hewn,  justice,  do  not 
understand  nor  appreciate.  For  this  reason  the 
Small  Cause  Courts  have  been  established ;  they 
are  composed  of  judges  whose  character,  ability, 
and  training,  ranking  far  above  that  of  an  ordinary 
petty  magistrate,  are  such  that  a  jurisdiction  with- 
out appeal  can  safely  be  intrusted  to  them.  By 
local  acts  such  as  the  Dekkan  Agriculturists  Relief 
Act  of  1879,  methods  of  arbitration  of  small  dis- 
putes before  village  micnsifs  have  been  estabhshed, 
and  it  is  believed  that  more  than  half  of  the  litiga- 
tion can  thus  be  intercepted.^  One  of  the  greatest 
problems  in  Oriental  countries  is  how  to  make  the 
administration  of  justice  speedy,  cheap,  and  acces- 
sible, without  robbing  it  of  its  character  of  impar- 
tiality and  adherence  to  the  law. 

The  lower  courts  of  criminal  jurisdiction  in  India 
comprise,  in  the  first  place,  the  Courts  of  Session. 
Their  territory  of  jurisdiction  embraces  one  or  sev- 
eral districts,  and  they  are  composed  of  district 
judges  who  are  assisted,  according  to  local  regula- 
tions, either  by  a  jury  or  by  assessors.  Below 
these  courts,  the  district  magistrate  exercises  orig- 
inal and  appellate  criminal  jurisdiction,  within  each 
district.  Under  him  are  several  ranks  of  assistant 
and  honorary  magistrates,  with  varying  grades  of 

'^  Moral  and  Material  Progress  and  Condition  of  India^  i8g8  to 
i8gg,  p.  42. 

365 


COLONIAL  GOVERNMENT 

jurisdictional  power.  It  is  often  urged  that  the 
office  of  the  collector-magistrate,  in  whose  hands 
so  many  administrative  and  judicial  functions  are 
united,  has  been  outgrown  by  the  development  of 
India.  Originally,  when  the  functions  of  govern- 
ment were  simpler,  there  was  undoubted  virtue  in 
the  concentration  of  all  local  authority  in  the  hands 
of  a  responsible  official ;  but  with  the  growing 
complexity  of  local  administration  it  has  become  a 
debatable  question  whether  the  judicial  functions 
of  the  district  magistrate  should  not  be  separated 
from  his  administrative  attributes.  In  considering 
the  advisability  of  such  a  change,  it  must,  however, 
be  remembered  that  Oriental  populations  are  accus- 
tomed to  the  union  of  executive  and  judicial  func- 
tions in  the  hands  of  one  ruler,  and  that  the  respect 
in  which  they  generally  hold  the  district  officer 
might  suffer  serious  abatement  were  he  to  be 
deprived  of  judicial  power  and  become  a  mere 
fiscal  officer,  or  tax-gatherer. 

The  district  judges  in  India  are  members  of  the 
Indian  covenanted  civil  service,  which  they  enter 
through  examinations  passed  in  England.  After 
a  few  years  of  service  as  assistant  to  the  collector- 
magistrate,  during  which  time  he  becomes  famil- 
iar with  the  activities  of  local  government  and 
with  criminal  jurisdiction,  the  young  official  has 
to  elect  whether  he  will  follow  the  judiciary,  or 
the  administrative,  side  of  public  service,  much  in 
the  same  manner  as  the  German  Referendar.  The 
district  judges  have,  therefore,  at  the  time  of  their 

366 


ORGANIZATION    OF    COLONIAL   COURTS 

appointment  usually  much  less  knowledge  of  the 
civil  law  than  the  native  judges  of  the  inferior 
courts  from  which  they  hear  appeal  cases.  For 
this  reason  it  has  often  been  suggested  that  the 
higher  branches  of  the  judiciary  should  be  filled 
directly  from  the  Indian  bar,  or  by  advancement 
from  the  lower  courts.  Of  course  natives  of  India 
theoretically  have  the  opportunity  of  entering  the 
higher  civil  service  by  competition  through  exam- 
inations in  England.  On  account  of  distance  and 
expense,  however,  comparatively  few  can  actually 
do  so,  and  it  is  only  the  inferior  ranks  of  the  civil 
and  judicial  administration  that  are  filled  by  the 
natives.  While  they  outnumber  the  European 
officials  by  a  ratio  of  over  a  hundred  to  one,  their 
share  in  real  authority  is  but  small. 

The  Egyptian  judiciary  is  at  present  in  a  some- 
what chaotic  condition.  Judges  of  all  nationalities 
sit  in  the  mixed  courts,  while  in  the  native  courts 
the  Egyptian  judiciary  is  being  supplemented  by 
increasing  numbers  of  Enghsh  judges.  The  British 
councillor  to  the  judiciary  has,  moreover,  intro- 
duced the  English  practice  in  certain  matters, 
such  as,  for  instance,  the  holding  of  court  by 
single  judges  in  place  of  the  more  numerous 
tribunal  after  the  French  model,  and  the  estab- 
lishment of  judicial  circuits.  English  councillors 
have  been  placed  in  the  native  courts  of  appeal, 
and  the  British  authorities  supervise  the  entire 
native  magistracy.  In  1898  a  British  official  was 
appointed  chief  prosecutor,  so  that  the  enforce- 

367 


COLONIAL   GOVERNMENT 

ment  of  the  criminal  law  is  now  completely  con- 
trolled by  the  agents  of  Great  Britain. 

By  the  Government  Regulations,  the  judiciary 
in  Java  is  rendered  practically  independent  of 
the  administrative  department.  Though  in  general 
the  powers  of  the  Javanese  government  are  cen- 
tralized and  almost  absolute,  the  judges  are  pro- 
tected against  interference.  As  they  frequently 
attempt  to  extend  their  jurisdiction,  friction  be- 
tween them  and  the  other  departments  is  not 
uncommon.  There  are  separate  courts  established 
for  hearing  the  litigation  in  which  Europeans  are 
concerned.  The  cases  of  the  natives  are  tried  by 
the  Landraden  (country  courts),  which  have  a 
European  president  and  secretary,  with  native 
chiefs  and  a  Mohammedan  priest  of  the  region  as 
assessors.  Native  courts  for  the  trial  of  petty 
actions  are  established  in  every  regency  and  in 
every  district.  The  regency  courts  are  presided 
over  by  the  regent,  or  by  the  patih  (assistant  re- 
gent) the  district  courts  by  the  wedana. 

The  judges  in  the  German  colonies  can  be 
placed  **at  disposal "  {zur  Disposition)  at  any  time ; 
in  other  words,  they  can  be  suspended  from  active 
service,  and  hence  do  not  share  the  immunity  of 
judges  in  the  mother  country.  However,  while 
they  exercise  their  judicial  functions  they  are 
independent,  though  the  administration  is  not 
carefully  distinguished  and  separated  from  the 
judiciary  in  the  colonies. 

The  judiciary  of  French  colonies  differs  from 
368 


ORGANIZATION    OF    COLONIAL   COURTS 

that  of  France  itself  in  several  important  respects 
In  the  first  place,  the  judges  are  removable  by  the 
executive ;  then,  the  colonial  courts  have  in  many 
instances  only  one  magistrate,  while  the  tribunals 
in  France  are  composed  of  at  least  three.  The 
jury  in  criminal  cases  is  used  only  in  the  Antilles 
and  Reunion ;  in  the  other  colonies  the  court  is 
assisted  by  assessors,  who  are  either  functionaries, 
or,  more  generally,  notables  selected  from  among 
the  European  settlers  or  the  native  population. 
Justices  of  the  peace  form  a  very  important  part 
of  the  French  colonial  judiciary,  and  are  often 
given  extended  powers  {Juges  de  paix  a  competence 
etendue).  They  are  useful  especially  in  deahng 
with  litigation  in  which  the  more  formal  machin- 
ery of  the  higher  courts  would  be  too  expen- 
sive and  cumbersome.  Appointments  of  colonial 
judges,  with  the  exception  of  the  justices  of  the 
peace,  must  be  countersigned  by  the  Minister  of 
Justice  as  well  as  by  the  Minister  of  the  Colonies. 
The  old  French  colonies  —  the  Antilles  and 
Reunion  —  need  detain  us  but  little,  as  their  judi- 
cial organization  is  almost  completely  assimilated 
to  that  of  the  mother  country;  but  while  this  is 
the  aim  of  the  French  government  with  respect 
to  the  other  colonies  also,  the  systems  there  in 
vogue  still  vary  considerably  on  account  of  the 
different  degrees  of  development  which  the  estab- 
lishments have  reached.  Indo-China  has  a  court 
of  appeals  composed  of  three  chambers,  two  of 
which  sit  at  Saigon  and  one  at  Hanoi.  In  the 
2B  369 


Hi 


COLONIAL   GOVERNMENT 

province  of  Cochin  China  the  tribunals  have  been 
practically  assimilated  to  those  of  France,  with 
the  exception  that  the  place  of  the  jury  in 
criminal  cases  is  taken  by  assessors,  who  are 
either  Europeans  or  natives,  according  to  the 
nationahty  of  the  accused.  In  the  three  protec- 
torates of  Indo-China  there  have  been  established 
tribunals  of  the  residencies,  civil  courts  of  the 
first  instance,  and  provincial  criminal  tribunals, 
all  for  the  trial  of  cases  concerning  Europeans 
and  other  non-natives.  ^ 

The  judiciary  in  Algeria  is  composed  of  a  court 
of  appeals  sitting  at  Algier^^ourts  of  assizes  for 
the  trial  of  criminal  cases  with  a  jur}^Ptivil  courts 
of  the  first  instance  with  a  Mussulman  assessor, 
ustices  of  the  peace  with  ordinary  or  extended 
jurisdiction,  aiKrmagistrates  for  the  trial  of  petty 
criminal  cases.  The-4u.ries  in  Algerian  criminal 
courts  are  composed  of  Europeans,  even  in  trials 
of  natives.  As  there  exists  a  strong  race  hatrdd, 
it  is  not  surprising  that  these  juries  have  often 
shown  inexcusable  severity.  Certainly  a.  mistaken 
policy  of  assimilation  could  not  go  much  farther 
than  to  submit  accused  natives  to  the  judgment  of 
a  jury  that  in  most  cases  will  be  hostile  to  them 
from  the  beginning. 

The  jurisdiction  of  French  courts  was  introduced 
into  Tunis  in  1883,  taking  the  place,  by  treaty 
arrangement,  of  the  consular  courts  of  foreign 
nations  existing  in  the  protectorate  at  that  time. 
Courts  of  the  first  instance  have  been  established 
370 


ORGANIZATION   OF   COLONIAL   COURTS 

at  the  city  of  Tunis  and  at  Susa,  the  decisions 
of  which  are  reviewed  by  the  court  of  appeals  at 
Algiers.  The  distance  from  Algiers  has  caused  a 
demand  for  the  estabhshment  of  a  court  of  appeals 
at  Tunis;  but  as  the  French  colonists  fear  that 
such  a  court  would  be  too  much  under  the  control 
of  the  Resident,  and  hence  unfavorable  to  their 
special  interests,  they  would  prefer  that  the  court 
should  consist  of  a  delegation  from  the  tribunal  at 
Aix,  which  formerly  heard  appeals  from  the  French 
consular  court  in  Tunis.  In  criminal  actions  against 
Frenchmen  or  other  non-natives,  the  tribunals  are 
assisted  by  six  assessors  who  are  selected  from  the 
French  or  other  nations,  according  to  the  nation- 
ality of  the  accused,  provided,  however,  that  in  all 
cases  three  shall  be  French.  For  the  hearing  of 
minor  cases,  justices  of  the  peace  have  been  ap- 
pointed at  all  the  larger  centres.  All  actions  in 
which  only  natives  are  parties  continue  to  be  tried 
by  the  native  courts.  In  the  African  colonies  of 
lower  political  organization,  judicial  functions  are 
usually  exercised  by  officials  of  the  administration. 
But  in  August,  1901,  the  French  government 
decided  to  create,  in  its  colonies  of  Dahomey, 
Guinea,  and  the  Ivory  Coast,  a  judicial  system 
separate  from  the  administrative  department,  ex- 
cept in  the  matter  of  penal  offences  committed  by 
natives. 

We  still  have  to  consider  the  most  interesting 
topic  of  final  appeal  from  the  colonial  courts  to  a 
tribunal  in  the  mother  country.     This  matter  can 

371 


COLONIAL   GOVERNMENT 

be  illustrated  best  from  the  experience  of  Great 
Britain,  where  the  Judicial  Committee  of  the  Privy 
Council  forms  the  court  of  appeals  for  colonial 
cases.  The  sovereign  of  England,  as  the  ultimate 
fountain  of  justice,  may  be  appealed  to  in  any  case 
where  fundamental  rights  are  denied  to  any  citizen 
or  subject  of  the  British  Empire.  This  preroga- 
tive power  of  administering  justice  has  been 
gradually  given  over  to  various  tribunals,  such  as 
the  Court  of  Chancery,  or  the  House  of  Lords. 
The  residuary  authority  has  generally  been  exer- 
cised through  the  Privy  Council  or  committees 
composed  of  its  members,  such  as  the  former 
Court  of  Star  Chamber,  and  the  present  Judicial 
Committee.  When,  therefore,  subjects  of  the  sov- 
ereign in  the  colonies  appeal  to  the  head  of  the 
state  for  direct  interference,  it  is  but  natural  that 
their  appeals  should  be  assigned  to  the  Privy 
Council  in  order  that  the  sovereign  might  be 
advised  thereon  before  acting.  The  Judicial  Com- 
mittee of  the  Privy  Council  is  not,  strictly  speak- 
ing, a  court,  but  rather  exercises  a  portion  of  the 
royal  prerogative.  This  question  becomes  impor- 
tant in  determining  whether  the  Judicial  Committee 
is  bound  by  its  former  decisions,  like  the  House 
of  Lords  in  its  capacity  as  a  court  of  law.  While 
the  Judicial  Committee  has  been  accustomed  to 
adhere  to  precedent,  there  is  no  doubt  that  it  could, 
as  far  as  constitutional  law  is  concerned,  depart 
from  a  rule  laid  down  in  a  former  case.  The  per- 
sonnel of  the  Judicial  Committee  consists  of  promi- 

372 


ORGANIZATION   OF    COLONIAL   COURTS 

nent  English  judges,  of  one  or  two  members  that 
have  been  judges  in  the  dependencies,  and  of  the 
judges  of  self-governing  colonies  who  are  also 
members  of  the  Privy  Council,  —  that  is,  usually, 
the  chief  justices  of  Canada,  Cape  Colony,  and 
Australia. 

Appeal  lies  to  the  Privy  Council  from  the  courts 
of  appeal  in  the  crown  colonies,  and  in  the  smaller 
self-governing  colonies,  under  conditions  fixed  by 
Orders  in  Council.  Ordinarily  it  is  provided  that 
no  case  in  which  an  amount  of  less  than  five  hun- 
dred pounds  sterling  is  involved  shall  be  so  ap- 
pealed, although  the  value  limit  is  not  uniform  and 
is  entirely  absent  in  the  case  of  some  colonies. 
Appeal  from  the  High  Courts  of  India  will  lie  in 
civil  cases  involving  not  less  than  ten  thousand 
rupees.  In  criminal  cases,  however,  appeal  can 
be  had  only  with  the  permission  of  the  respective 
High  Court  itself. 

The  two  great  self-governing  colonies  of  Canada 
and  Australia  have  assumed  a  somewhat  privileged 
position  with  respect  to  appeal  to  the  Privy  Coun- 
cil. Still,  the  sovereign  has  refused  to  relinquish 
entirely  the  power  of  hearing  an  appeal  from  any 
subject  of  the  empire,  and  it  is  indeed  one  of  the 
few  remaining  institutional  marks  of  imperial  union 
that  such  an  appeal  can  be  taken. 

Appeal  does  not  lie  from  the  Supreme  Court  of 
Canada  to  the  Judicial  Committee,  except  by  spe- 
cial leave  of  the  court  itself.  Yet  a  direct  ap- 
peal may  be  taken  from  the  supreme  courts  of  the 

373 


COLONIAL   GOVERNMENT 

individual  Canadian  provinces,  so  that  a  person 
whose  suit  has  been  settled  in  one  of  these  courts 
has  the  option  of  appeal  either  to  the  Supreme 
Court  of  Canada  or  to  the  Judicial  Committee  ;  but 
he  forfeits  his  right  to  invoke  the  latter  by  appeal- 
ing to  the  former.  The  colonies  of  AustraHa  have 
always  been  restive  under  the  idea  of  having  their 
courts  subject  to  an  imperial  court  of  appeals. 
This  is  true  especially  of  New  South  Wales,  which 
established  by  statute  a  minimum  value  Hmit  of 
two  thousand  pounds  for  appeal  to  the  Judicial 
Committee,  although  the  orders  in  council  had 
fixed  the  amount  at  only  five  hundred  pounds. 
By  the  Commonwealth  of  Australia  Constitution 
Act  of  July  9,  1900,  it  is  provided  that  no  appeal 
"  shall  be  permitted  to  the  Queen  in  Council  from 
a  decision  of  the  High  Court  upon  any  question 
howsoever  arising  as  to  the  limits  inter  se  of  the 
constitutional  powers  of  the  Commonwealth  and 
those  of  any  state  or  states,  or  as  to  the  P-^Hs 
inter  se  of  the  constitutional  powers  of  any  two  or 
more  states,  unless  the  High  Court  shall  certify 
that  the  question  is  one  that  ought  to  be  deter- 
mined by  her  Majesty  in  Council."  It  is  also 
provided  that  the  AustraUan  parhament  may 
further  limit  the  right  of  appeal,  but  that  such  a 
bill  would  have  to  be  especially  reserved  by  the 
governor-general  for  the  pleasure  of  the  sovereign. 
The  relations  that  are  thus  exempted  from  appeal 
embrace  all  the  important  questions  of  internal 
constitutional  law;  and  as  most   important   cases 

374 


ORGANIZATION    OF    COLONIAL    COURTS 

before  the  High  Court  would  involve  considera- 
tions of  this  kind,  the  number  of  Australian  ap- 
peals to  the  Judicial  Committee  will  in  the  future 
be  even  smaller  than  in  the  past. 

In  general  it  may  be  said  that  the  Judicial  Com- 
mittee of  the  Privy  Council  is  far  from  having 
realized,  or  even  having  attempted  to  realize,  the 
character  of  an  imperial  supreme  court.  While 
many  important  cases  have  come  up  before  it,  and 
it  has  been  constantly  engaged  in  the  adjudication 
of  appeals  from  all  parts  of  the  empire,  its  rela- 
tions with  any  individual  colony  have  not  been 
constant  enough  to  enable  it  to  exert  a  steady 
stream  of  influence  upon  colonial  jurisprudence. 
The  distance  of  the  court,  the  expense  involved, 
and  the  uncertainty  of  the  outcome,  have  resulted 
in  discouraging  the  regular  invocation  of  the  juris- 
diction of  the  Privy  Council.  In  individual  cases, 
however,  it  has  been  able  to  assist  in  upholding 
the  idea  of  uniformity  in  the  law  of  the  empire, 
and  re  has  at  least  reminded  the  colonial  tribunals 
of  the  possibility  of  conforming  to  a  simple  and 
approximately  universal  standard. 

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375 


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Review,  1901. 
Wheeler,  G.,  Privy  Council  Law.     London,  1893. 
Wheeler,  G.  J.,  Confederation  Law  of  Canada.      London, 

1896. 
White,  A.   S.,   The  Expansion  of  Egypt.      London,   1899. 

pp.  246-256. 


377 


INDEX 


Abdur-rahman,  Ameer,  132. 

Abyssinia,  74. 

Aden,  72,  132. 

Afghanistan,  53,  131. 

Agents- general  of  colonies,  261, 
266,  290. 

Agricultural  colonization,  85. 

Aix,  tribunal  of,  371. 

Alexander  the  Sixth,  Bull  of,  99. 

Algeria,  22,  221,  286,301,  351 ;  com- 
munes in,  339;  councils  in,  191, 
204  J^jj  judiciary  of,  370 ;  military 
territory,  205;  separate  budget, 
207. 

Amur  Province,  53. 

Anam,  116,  341 ;  native  law  in,  357. 

Anamite  commune,  340;  institu- 
tions, 115. 

Antigua,  179. 

Antilles,  French,  185,  198  sg.,  369 ; 
councils  in,  201  sg. 

Appeal,  in  cases  of  native  law,  350 ; 
to  the  Judiciary  Committee  of  the 
Privy  Council,  371. 

Appointment  of  Indian  judges,  367. 

Arab  impost  in  Algeria,  205. 

Arbitration  of  small  disputes  in 
India,  365. 

Arrete,  174,  190,  298. 

Asia  Minor,  106, 

Assam,  334,  336. 

Assent,  royal,  245  sq. 

Assimilation,  policy  of,  186  sq.,  211, 

279.  353- 
Australia,  appeal  to  the  Privy  Coun- 
cil, 374;    Commonwealth,   256; 
federation  in,  256  sq. ;  High  Court 
of  Justice,  257. 


Autonomy,  colonial,  306. 
Avebury,  Lord,  271. 

Bahamas,  181. 

Baluchistan,  53,  132. 

Barbados,  181. 

Barbour,  Sir  David,  report  of,  217. 

Baroda,  123. 

Barton,  Mr.  Edmund,  262. 

Beira,  162. 

Belgium,  king  of,  159,  160. 

Bengal,  local  government  in,  335; 
municipalities  of,  332 ;  presidency 
of,  256. 

Berar,  336. 

Bermuda,  181. 

Bhopal,  119,  127. 

Bibliographies,  24. 

Bismarck,  10;  ideas  on  coloniza- 
tion, 138. 

Borneo,  53. 

Bowen,  Sir  George  F.,  249. 

Brazza,  Count  de,  53. 

Bright,  John,  7,  253. 

British  colonial  commerce,  64. 

British  Colonial  Office,  289. 

British  colonial  policy,  311. 

British  East  India  Company,  146. 

British  foreign  affairs,  125. 

British  Guiana,  councils  in,  180, 
184. 

British  Imperial  League,  261. 

Brooke,  Rajah,  50,  53. 

Brussels  Conference  of  1890,  loi. 

Budget,  Dutch  Indian,  307 ;  French 
colonial,  340. 

Burke,  120. 

Burma,  332. 


379 


INDEX 


Cabot,  Sebastian,  99. 

Cadi,  353. 

Caid,  341. 

Caisse  de  la  dette,  134. 

Calcutta,  321,  333. 

Cambay,  letter  to  Nawab  of,  122. 

Cambodia,  116. 

Campbell  vs.  Hall,  183. 

Canada,  31,  65,  86;  appeal  to  the 
Privy  Council,  373 ;  federation  in, 
352;  preferential  tariff,  262;  re- 
bellion of  1837,  215 ;  representa- 
tive institutions  in,  213;  respon- 
sible government  in,  239  sq.\ 
Canada  and  the  West  Indies,  255. 

Cape  Colony,  64,  72,  240 ;  and  fed- 
eration, 258. 

Capitalistic  expansion,  81. 

Carnarvon,  Lord,  258. 

Central  Asia,  local  government  in, 
342. 

Ceylon,  227;  councils,  178. 

Chamberlain,  J.,  217,  231,  262,  267, 
268 ;  on  relations  of  colonies  to 
Great  Britain,  4,  66. 

Chambers,  colonial  representation 
in,  194,  210 ;  of  Commerce  of  the 
Empire,  268,  271. 

Chara,  355. 

Charte  Coloniale  of  1833,  187. 

Chartered  companies,  145. 

Chemaieff,  54. 

Child,  Sir  Josiah,  52. 

China,  141;  spheres  of  influence, 
106. 

Chinese,  and  municipal  govern- 
ment, 338  ;  in  the  tropics,  34  sq. 

Cholon,  340. 

Church  in  colonies,  273. 

City-state  in  political  evolution,  225. 

Civil  service,  examination,  323 ;  In- 
dian, 303;  in  French  colonies, 
321 ;  law,  291. 

Clarke,  Sir  Andrew,  52,  129. 

Classification,  of  colonial  business, 
283;  of  colonies,  19. 

Cleruchies,  14. 


Climate  and  colonization,  35. 
Cobden,  Richard,  6. 
Cochin  China,  40,  115,320;  council 
in,  192,  203,  355 ;  French  law  in, 

357- 

Code  de  Vindigenat,  206,  355. 

Codification,  in  India,  358  ;  of  colo- 
nial law,  359  sq. 

Colbert,  31. 

Collector-magistrate,  317,  334;  in 
India,  365. 

Colonial  council,  German,  288. 

Colonial  exhibition,  284. 

Colonial  Institute,  294. 

Colonial  Office,  British,  288; 
French,  280  sq.;  German,  2S7. 

Colonial  Stock  Act,  269. 

Cambon,  Governor-general,  206. 

Commerce,  57  sq.;  colonial,  271; 
colonial  statistics,  62  sq.;  tariff 
in  Dutch  Indies,  307. 

Commercial  privileges,  7. 

Commonwealth  of  Australia,  374. 

Communes,  French  colonial,  338. 

Communication,  71  sq. 

Companies,  chartered,  145  J^.;  of 
New  France,  32. 

Concessions,  90;  in  French  colo- 
nies, 202. 

Congo,  see  Kongo. 

Constant,  Baron  D'Estouraelles  de, 
212. 

Consular  Constitution  of  1789, 187. 

Consular  jurisdiction  in  colonies, 
356. 

Contract  laborers,  35. 

Contract    rights,   infringement   of, 

351. 

Contracts,  government,  203. 

Council  of  Dutch  Indies,  175. 

Councils,  executive,  311;  legisla- 
tive,176  j^.  ;  of  government,  174  J^. 

Cour  de  cassation,  351. 

Courts,  colonial,  363  sq. 

Covenanted  civil  service,  321. 

Credit,  colonial,  270. 

Cromer,  Lord,  50, 134. 


380 


INDEX 


Crown  agents,  290. 
Crown  colony,  167  sq.,  228. 
Customs  union,  258,  262. 
Cyprus,  J2'  35^>  3^^  I    council  in, 
180. 

Daya  Bhaga,  350. 

Decrees,  system  of,  297. 

Defence,  colonial,  272. 

Definitions,  13,  16. 

Deliberative  powers  of  French 
councils,  342. 

Dent,  Sir  Alfred,  149. 

Departments  of  colonial  govern- 
ment, 312. 

Dependency  and  colony,  15. 

Derby,  Earl  of,  4, 181, 183,  216,  218. 

Desa,  344. 

Dilke,  Sir  C.  W.,  170. 

Directors  in  Dutch  Indian  govern- 
ment, 312. 

Disraeli,  8. 

District  boards  in  India,  334. 

District  judges  in  India,  366. 

District  officers,  Indian,  317,  365. 

Doumer,  Governor-general,  212. 

Duflferin,  Lord,  249. 

Durham,  Lord,  report  of,  214,  239, 
242,  252. 

Dutch  colonial  government,  depart- 
ments of,  313. 

Dutch  colonial  legislation,  307. 

Dutch  colonial  ministry,  288. 

Dutch  colonial  policy,  311. 

Dutch  colonial  system,  58, 175,  319. 

Dutch  colonies,  communes  in,  344 ; 
judiciary  in,  368. 

Dutch  East  India  Company,  146. 

Dutch,  in  Java,  136. 

East  Africa  Company,  139,  148. 

East  India  Company,  39. 

Egypt,  72,  102,  133,  140,  223;  inter- 
national institutions,  134;  judi- 
ciary of,  367 ;  system  of  law  in, 
360;  irrigation,  134. 

Elgin,  Lord,  215,  246. 


Emigrants'  information  office,  294. 
Emigration,  French,  31;    German, 

30;  Greek,  30;   Irish,  30. 
Empire,  Second,  and  the  colonies, 

188. 
Eritrea,  77. 

European  law  in  colonies,  356. 
Evidence,  law  of,  in  India,  352. 
Examinations  for  civil  service,  323. 
Exploitation  colonies,  17. 
Extra-territorial  jurisdiction,  125. 

Fabri,  19. 

Faidherbe,  10,  53. 

Family  law,  351. 

Federated  Malay  States,  130. 

Federation,  colonial,  251. 

Ferry,  Jules,  114. 

Financial  management  of  chartered 

companies,  156. 
Financial  relations  of  colonies,  270. 
Foreign  office  and  colonial  affairs, 

287,  293. 
Franklin,  Benjamin,  186, 
French   classification  of  colonies, 

19. 
French  colonial  commerce,  63. 
French  colonial  ministry,  281. 
French  colonial  poUcy,  10,  311. 
French  colonial  system,  170,   173, 

185,  280  j^. 
French  colonies,  communes  in,  338 ; 

judiciary  in,  368  ;    native  law  in, 

353  s^- 
French   commercial    colonization, 

59- 

French  exploration,  51. 

French  Indies,  192,  203 ;  com- 
munes in,  339, 

French  in  Egypt,  134. 

French  law,  in  colonies,  357;  in 
British  colonies,  361 ;  in  Eg)rpt, 
360. 

French  missions,  40  j^. 

French  municipal  law  of  1884, 338. 

French  restrictive  commercial  pol- 
icy, 61,  69. 


381 


INDEX 


French  Superior  Council  of  the 

colonies,  285. 
French  West  Indies,  185. 
Frere,  Sir  Bartle,  50,  258. 
Froude,  J.  A.,  258. 
Functionaries,  in  French  colonies, 

302,  320 ;  in  Java,  320. 

Game  preserve  in  Africa,  loi. 
Garstin,  Sir  William,  136. 
Geographical  exploration,  50. 
German  commercial  competition  in 

British  colonies,  67. 
German   colonial  companies,  138, 

160. 
German  colonial  office,  287. 
German  colonial  policy,  10. 
German  colonies,  judges  in,  368 ; 

jurisdiction  in,  356. 
German  exploration,  51. 
Gibraltar,  73. 

Gilbert,  Sir  H;^phrey,  39. 
Gladstone,  4,  8,  302. 
Goldie,  Sir  G.  T.,  50,  52,  154,  231, 

234. 
Government  publications,  25. 
Governor,    functions    of,    172  sg., 

311;  in   self-governing  colonies, 

245. 
Grenada,  183. 
Grenville,  Lx)rd,  149. 
Grey,  Lord,  261. 
Guadeloupe,  186  sg.,  199,  296. 
Guiana,  French,  186  sg. ;  councils 

in,  191. 
Guyot,  Yves,  8. 

Hanafite  jurisdiction,  352. 

Hanoi,  340. 

Harris,  Lord,  122. 

Hastings,  Warren,  52,  348. 

High  Courts  of  India,  363. 

Hindu  law,  348. 

Hindus,  34;  as  civil  servants,  326; 
of  Mauritius,  182;  and  local  gov- 
ernment, 337. 

Hinterland  doctrine,  99, 104. 


Hofmeyr,   Mr.,   plan  for   customs 

union,  261. 
Hongkong,     74,     76,     178,      222, 

338. 
Hudson  Bay  Company,  147. 
Hut  tax,  230. 
Hurard,  Creole  leader,  200. 

Imperial  federation,  260. 

Imperial  Federation  League,  206. 

Imperial  Institute,  294. 

Imperial  Service  Troops,  124. 

India,  72;  administration  in,  316; 
appeal  to  the  Privy  Council, 
373;  civil  service  examinations 
in,  323;  codification  in,  358; 
courts  of  law,  364;  district  ad- 
ministration, 317 ;  district  judges, 
366;  finance,  314;  financial  de- 
centralization, 314;  government, 
21 ;  High  Courts  of,  363  ;  legisla- 
tive councils,  177  ;  local  systems 
in,  348  ;  Mohammedans  of,  223  ; 
municipal  government  in,  331; 
National  Congress  of,  223 ;  native 
troops,  124;  native  states  of, 
118 ;  parliamentary  interference 
with  government  of,  302 ;  powers 
of  central  government,  316; 
provincial  administration,  316; 
provincial  legislative  council, 
306;  provinces  of,  256;  Regu- 
lating Act  of  1773,  358 ;  Secretary 
of  State  for,  292;  as  a  federal 
state,  256. 

Indian  Cantonment  Act,  306. 

Indian  family  law,  351. 

India  Office,  291. 

Individual  and  state  in  coloniza- 
tion, 49  sg. 

Indo-China,  63,  70,  114,  369; 
French  law  in,  357;  local  gov- 
ernment in,  340. 

Industrial  colonization,  81  sg. 

Insecurity  of  investments,  84. 

Inspection,  colonial,  285,  294. 

Internal  colonization,  21. 


382 


INDEX 


International  action  and  law,  loi, 

109. 
International  institutions  in  Egypt, 

133- 
International    Kongo  Association, 

159- 

Interpellation  on  colonial  ques- 
tions, 301. 

Investment  colonies,  17. 

Investments  in  colonies,  82  sq. 

Isaac,  Senator,  199. 

Islam,  and  Christianity,  46 ;  in 
Java,  137. 

Italian  missions,  42. 

Jaluit  Company,  161. 

Jamaica,  councils  in,  182  sq.,  184, 
216,  222. 

Jameson,  Dr.,  152. 

Japan,  141. 

Java,  136,  175,  313,  319,  320;  com- 
munes in,  344;  judiciary  in, 
368. 

Joubert,  51. 

Judges,  appointment  of  Indian, 
367- 

Judiciary  Committee  of  the  Privy 
Council,  372. 

Juries  in  colonies,  370. 

Jury  system,  363,  369. 

Justices  of  the  peace,  in  French 
colonies,  369. 

Kamerun,  139. 

Kiao-chau,  75,  175. 

Kipling,  270. 

Kitchener,  Lord,  74,  135. 

Kongo  Act  of  1885,  99. 

Kongo  Association,  159. 

Kongo  conference,  100. 

Kongo  Free   State,   loi,  103,  112, 

160. 
Kongo  free  trade  area,  100. 
Kurapatkin,  54. 

Labouchere,  Mr.,  50. 
Landraden,  in  Java,  368. 


Lapse,  doctrine  of,  120. 

La  Salle,  51. 

Law  in  colonies,  346  sq. 

Leeward  Islands,  179,  254. 

Legislation,  296;  colonial,  Dutch, 

307 ;   for  colonies,  by  Orders  in 

Council,  305. 
Leontieff,  Captain,  51. 
Leroy-Beaulieu,  P.,  9,  212,  299. 
Levant,  missions  in,  41. 
Lewis,  Sir  G.  C,  16,  170,  219. 
Liberalism    and    colonial    policy, 

5  sq.,  253 ;  French,  8. 
Livingstone,  50. 
Lo-bengula,  112,  150,  157. 
Local    government    in     colonies, 

330  sq. 
Louis  XIII.,  186. 
Louisiana,  75. 

Macaulay,  Lord,  358. 

MacMahon,  198. 

Madagascar,  355. 

Madras,  local  government  in,  334. 

Malay  States,   129,   259;    Guards, 

131. 
Manchuria,  53. 
Mandalay,  333. 
Mandarinate  in   Anam,   115,   117, 

341. 

Manhood  suffrage  in  French  colo- 
nies, 189. 

Manila,  'j'j. 

Manipur,  123. 

Mansfield,  Lord,  and  colonial  law, 
183. 

Manu,  law  of,  350. 

Martinique,  \Zbsq.,  201,  296,  301. 

Matabeleland,  Order  in  Council 
of  1895,  153. 

Matabele  War,  151. 

Mauritius,  182,  184. 

Mayo,  Lord,  256. 

McKinnon,  Sir  William,  158. 

Merchandise  Marks  Act,  67. 

Merchant  Adventurers'  Company, 
145. 


Z^l 


INDEX 


Migration  distinguished  from  colo- 
nization, 15. 

Military  advance,  53. 

Mill,  John  Stuart,  304,  309. 

Mining  concessions  in  Rhodesia, 
158. 

Minto,  Lord,  118. 

Missions,  38  sq.,  155 ;  political  use 
of,  43- 

Mixed  courts,  in  Eg)rpt,  134,  360, 

367- 
Mohammedan  law,  348,  352 ;  codi- 
fication of,  360,  361 ;  in  Algeria, 

354- 

Mohammedans  in  India,  223. 

Monopoly,  colonial,  7. 

Morocco,  77. 

Mozambique  Company,  162. 

Mufti,  354. 

Municipal  government  in  the  colo- 
nies, 330  sq. 

Munsi/s,  native  judges  in  Indian 
courts,  364. 

Muravieff,  Amurski,  53,  75. 

Mutiny,  Indian,  120. 

Mysore,  122. 

Nachtigal,  50,  161. 

Napoleon,  10. 

Natal,  34,  63,  64,  241;  history  of, 

171. 
Nationalism,  9;  in  industry,  87. 
Native  judges  in  India,  349. 
Native  police,  230. 
Native  states  of  India,  118  ;  British 

jurisdiction  in,  124. 
Native  systems  of  law,  348. 
Natives,   of  Algeria,   206;    in  the 

civil  service,  325 ;    treatment  of, 

229,  233. 
Naval  stations,  71  sq. 
Navigation  Law  system,  60. 
New  Guinea  Company,  161. 
New  South  Wales,  appeal  to  the 

Privy  Council,  374. 
Niger  Company,  152,  154,  157. 
Nobility  and  colonization,  50. 


North  Borneo  Company,  149,  157. 
Northwest  Frontier  Province,  256. 
Nyassa  Company,  162. 

Occupation,  law  of,  98. 

Oceanica,  French,  193. 

Octroi  de  mer,  189. 

Ontario,  213  sq. 

Open  door  policy,  100. 

Opium,  India,  303. 

Orders,  colonial,  273. 

Ottawa,  colonial  conference  at,  262. 

Oudh,  120. 

Ouzara,  355. 

Over-population,  32. 

Facte  colonial,  60. 

Panchayat,  342,  344. 

Pangkor,  Treaty  of,  129. 

Panjab,  local  government  in,  334. 

Parkin,  Mr.,  and  imperial  federa- 
tion, 265. 

Parliamentary  representation  of 
colonies,  194,  198,  208,  366,  280, 
281,  297,  299,  300,  302. 

Payment  of  colonial  officials,  322. 

Penal  code,  Indian,  358,  360. 

Penal  colonies,  32. 

Perak,  130. 

Periodicals  on  colonial  affairs,  26. 

Persia,  105,  140. 

Persian  Gulf  Political  Agency,  132, 

Peter  the  Great,  74. 

Peters,  Dr.,  112,  153,  161. 

Philippine  Islands,  76,  'jj,  223. 

Population,  movements  of,  30  sq. 

Porto  Rico,  78. 

Portuguese  Brazil  Company,  162. 

Portuguese  colonization,  58. 

Preferential  tariff,  262  sq. 

Pretorian  jus  gentiujn   in   Rome, 

347- 
Prevost-Paradol,  8. 
Privy  Council,  Judicial  Committee 

of,  350,  372. 
Protectorates,  109,  233,  293. 
Provincial  contract  in  India,  314. 


384 


INDEX 


Public  opinion  and  colonial  gov- 
ernment, 308. 

Quart  colonial,  322. 
Quebec,   struggles  of  French  ele- 
ment in,  213. 

Raffles,  Sir  Stamford,  52. 

Railways  and  telegraphs  in  native 
states,  127. 

Rattachemeuts,  206,  280. 

Regeerings-I\egleme7it,  Dutch,  307. 

Regime  of  dfcrees,  199,  297. 

Religious  protectorates,  41. 

Renan,  142. 

Representation  of  interests,  226. 

Representative  institutions,  167, 
197  sq. 

Responsible  government,  168 ;  in 
Canada,  215. 

Restrictive  commercial  policy,  61 
sq. 

Reunion,  186  sq.,  296,  369. 

Revolution,  French,  and  the  colo- 
nies, 186. 

Rhodes,  Cecil,  52,  150,  158,  231. 

Rhodesia,  153,  162;  mining  con- 
cessions in,  158 ;  Orders  in  Coun- 
cil of  1898,  263. 

Ring-fence,  118. 

Robinson,  Sir  Hercules,  249. 

Roman-Dutch  Law,  347,  361. 

Roscher,  19. 

Russell,  Lord  John,  on  colonies,  4. 

Russia,  local  government  in  Asia, 
342. 

Russian  expansion,  11. 

Russian  military  advance,  53,  97. 

Russian  mission  in  Asia  Minor,  43. 

Russian  sphere  in  Persia,  106. 

Saigon,  203,  340. 
St,  Pierre,  193. 
Salisbury,  Lord,  262,  271. 
Sanads,  121. 

Sandeman,  Sir  Robert,  132. 
Say,  J.  B.,  8. 

2C 


Schaffle,  Professor,  19,  20. 
Schutzgebiete,  23,  356. 
Second  Empire  and  the  colonies, 
188. 

Self-governing  colonies,  169,  238  sq. 

Selous  road,  156. 

Senatus-consulte  of  1854,  173,  188, 
296,  297 ;  of  1866,  296,  322. 

Senegal,  191,  203,  339. 

Settlement  colonies,  17. 

Slam,  105. 

Siberia,  11. 

Siegfried,  Senator,  286. 

Sierra  Leone  hut  tax,  230. 

Singapore,  74,  76,  129,  179,  338. 

Skobeleff,  54. 

Small  Cause  Courts  in  India,  364. 

Smith,  Adam,  186;  on  companies, 
147. 

Socialism  in  French  colonies,  200. 

Sokoto  rulers,  treaties  with,  155, 156. 

South  Africa,  31,73,  89,  293;   fed- 
eration movement  in,  258. 

Southern  Rhodesia  Orders  in  Coun- 
cil of  1898,  133. 

Southwest  African  Company,  139, 
150,  160. 

Spanish  colonization,  38,  57. 

Spheres  of  influence,  95  sq. ;   defi- 
nition, 103. 

Spriggs,  Sir  Gordon,  259. 

Stanley,  Henry,  159. 

Stanley,  Lord,  4. 

Statistics  on  colonial  trade,  62. 

Straits  Settlements,  70,  178. 

Sudan,  8,  74. 

Suez  Canal,  72. 

Sulu,   Sultan   of,  grant    to   North 
Borneo  Company,  149. 

Superior  Council  of  the  Colonies, 
198.  285. 

Supplies,  colonial,  286. 

Syed  Ahmed  Khan,  Sir,  360. 

Symbolic  occupation,  98. 

System  of   decrees,  188,  190,   199, 
280,  297,  299,  319. 

Systeme  de  rattachements ,  206, 


385 


INDEX 


Tahiti,  193, 

Taluk  boards,  334. 

Tariff  legislation,  French  colonial, 
189. 

Territorial  gains  of  Great  Britain 
in  Africa,  155. 

Thomson,  Joseph,  154. 

Tongking,  115,  341. 

Toronto  Board  of  Trade,  268. 

"  Trade  follows  the  flag,"  62. 

Transvaal,  8,  73,  89. 

Treasury  Office,  auditing  depart- 
ment, 293. 

Treaties  of  delimitation,  104. 

Trust  funds,  investment  of,  in  colo- 
nial securities,  269. 

Tunis,  69,  84,  113,  140,  227,  286; 
councils  in,  209;  judiciary  of, 
370 ;  local  government  in,  341 ; 
native  law  in,  355. 

Uganda  railway,  293. 


United  States,  colonial  problems, 
12  ;  relation  to  the  Latin-Amer- 
ican republics,  107. 

Unoccupied  territory,  98. 

Veto  power,  245. 
Virginia  Company,  39. 
Vladivostock,  75. 

Wallon  amendment,  199. 
Wanyassa  chiefs,  treaty  with,  112. 
Wedana,  137,  368. 
Wellesley,  Lord,  118. 
West     Africa,    tariff    policy    for, 

70. 
West  Indies,  federation  of  British, 

255 ;  French,  185  ;    and  Canada, 

255. 
Windward  Islands,  179,  254. 
Wissmann,  Major  v.,  51,  161. 

Zollverein,  South  African,  258,  262. 


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